The Legislature Executive and Judiciary Flashcards
What is the Legislature?
This is an arm or branch of government encompassed in the doctrine of the separation of powers. It refers specifically to the lawmaking arm by elected representatives of the people in parliament.
What is representative government?
The principle upon which the legislative arm functions. The community elects fellow citizens to represent them in the lawmaking process. It is a form of indirect democracy called a parliamentary democracy.
What are the elements of Representative Government?
Adherence to the rule of law
Universal franchise
Regular Elections
Secret Ballot
All votes are equal
Electoral Equality
Parliamentary privilege
Salaries for MPs
Right to protest, associate and communicate
What is the Executive?
This is an arm or branch of government encompassed in the doctrine of the separation of powers. It refers specifically to appointed members of the various government institutions which enforce and/or administer the statutes enacted by the parliament.
What are the three categories of executive power?
Constitutional Arm - Governor General and the Federal Executive Council
Convention Arm - Government Ministers
Public Service Arm -
Employees
What is responsible government?
Responsible Government is the term used to describe a political system where the executive government, the Cabinet and Ministry, is drawn from, and accountable to, the legislative branch. In practice, this means that elections to the Parliament are the means by which we decide who shall govern.
What are the main conventions of responsible government?
The Federal Government is determined from the political party(ies) that hold the majority of seats in the House of Representatives
The members of Government are called ministers and can be drawn from either House of the Commonwealth Parliament. Collectively the ministers form the ministry
Ministers sit collectively to conduct their meetings in private as a cabinet
The leader of the Government, called the prime minister, must sit in the House of Representatives
The prime minister and ministers are sworn into Office by the governor-general
How is the Governor General granted power.
The governor-general exercises executive power in the Commonwealth as the Queen’s representative. This is prescribed in section 61 of the Australian Constitution. The governor-general accepts advice at Federal Executive Council, which is prescribed in Section 62 of the Australian Constitution.
The Governor General by convention accepts the advice of the PM if what three conditions exist?
has the confidence (majority support) of the House of Representatives
can guarantee the passage of the supply Bills though Parliament
advice is consistent with constitutional law.
What are the Governor General’s three categories of powers?
Non-Reserve Powers
GG acts on advice of PM.
Reserve Powers
Dissolving parliament via section 64.
Administrative/Ceremonial Powers
Hosting foreign heads of state.
What is the Judiciary?
This is an arm or branch of government encompassed in the doctrine of the separation of powers. It refers specifically to judicial officers who preside in courts and judicial tribunals to administer justice (ie to resolve a dispute in accordance with law.)
What is judicial independence?
This is the fundamental principle upon which the exercise of judicial power is founded.
Judicial officers are completely independent of the other two arms of government, legislative and executive, and totally impartial to the two parties bringing a case for resolution to the court.
How was Judicial Independence recognised in the constitution?
Boilermakers case in 1956
Implied in Chapter 3
Why is Judicial Independence Important?
For the community to have confidence that justice is administered solely on the merits of a case in accordance with law, it is imperative that judges adjudicate cases without arbitrary interference and with no preconceptions of the ‘best outcome’ of a case.
How is Judicial Independence Protected?
Appointed on the advice of the Executive
Dismissed on the advice of the Legislature on the grounds of misbehaviour or incapacity.
Fixed tenure
Fixed renumeration
