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Legal Studies > The People and the Law-Makers > Flashcards

The People and the Law-Makers Flashcards

Key Terms

1
Q

bill

A

a proposed law that’s been presented to parliament to become a law.

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2
Q

coalition

A

an alliance or joining together of two or more political parties, usually to form government

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3
Q

Commonwealth Parliament

A
  • legislative body of the federal level of government
  • consists of; the Senate, the House of Representatives, and the Monarch (represente dby the Governor-General)
  • combines elements of the UK parliament and the US Congress
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4
Q

bicameral parliament

A

a parliament w/ two houses (also called chambers).
- Commonwealth: Senate (upper) and House of Representatives (lower)
- Victoria: Legislative Council (upper) and Legislative Assembly (lower)

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5
Q

Governor-General

A

the King’s representative at the Commonwealth level

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6
Q

Senate

A

the upper house of the Commonwealth Parliament

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7
Q

House of Representatives

A

the lower house of the Commonwealth Parliament

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8
Q

royal assent

A

the formal signing & approval of a bill by the Governor-General (Commonwealth level) or the the Governor (state level)
- after which the bill becomes a statute/legislation/an Act of Parliament

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9
Q

Victorian Parliament

A
  • bicameral legislature of Victoria
  • consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council.
  • follows a Westminster-derived parliamentary system
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10
Q

Legislative Council

A

the upper house of the Victorian Parliament

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11
Q

Legislative Assembly

A

the lower house of the Victorian Parliament

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12
Q

Governor

A

the King’s representative at the state level

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13
Q

residual powers

A

were not given to the Commonwealth Parliament under the Aus Const- and therefore remain soley with the states

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14
Q

exclusive powers

A

in const- only the commonwealth parliament can excercise

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15
Q

concurrent powers

A

in const- may be excercised by both the Commwealth & the states

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16
Q

section 109

A

When there is concurrent powers, and the state and Commonwealth laws are inconsistent, the Commonwealth law takes precedant over the state law to the extent of the inconsistencies.

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17
Q

rubber stamp upper house

A

when ipper house automatically approves decisions made in lower house b/c the govt holds a majority of seats in both houses and members of the govt generally vote along party lines

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18
Q

hostile upper house

A

a situation where the govt doesn’t hold a majority of seats in the upper house and relies on the support of the opposition or crossbenchers to have their bills passed

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19
Q

international pressures

A

demands made on parliaments, from within Australia or beyond, to make (or not make) laws that adress matters of international concern

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20
Q

external affairs power

A

section 51 (xxix)
Siginicance: Let’s the federal government handle global issues and can affect
areas usually managed by states if it is linked to international
matters. (eg. to fufill international treaties)

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21
Q

section 71 and 76

A

71: provides high court w/ jurisdiction to hear certain matters, including matters arising under treaties, when the commonwelath parliament is a party, and disputes b/w states

76: gives high court power to hear disputes arising under the constitution or involving its interpretation .

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22
Q

section 7
and
section 24

A

7: Senate must be composed of senators for each state “directly chosen by the people” of the state

24: House of Reps must be composed of members “directly chosen by the people” of the commonwealth

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23
Q

Australian Constitution

A

set of rules/principles that guife the way Australia is governed. (Commonwealth of Australia Constitution Act)

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24
Q

common law

A

made by judges through decisions made in cases

25
Q

constitutional monarchy

A

system of govt. in which a monarch is the head of state and a contitution sets out the powers of parliament

26
Q

Federation

A

the union of sovereign states that gave up some of their powers to a central authority to form Australia

27
Q

government

A
  • the ruling authority w/ power to govern
  • formed by the political party or coalition that holds the majority in the lower house in each parliament.
  • members of parliament who belong to this party form the govt.
28
Q

High Court

A
  • ultimate court of appeal
  • authority to hear & determine disputes arising under the Const
29
Q

judiciary

A

legal term - describes judges as a group and the courts as an institution (one of the 3 branches of govt.)

30
Q

law reform

A

process of constantly updating and changing the law so it remains relevant & effective

31
Q

legislature

A

legal term- describes body having the primary power to make law (parliament)

32
Q

parliament

A

formal assembly of representatives of the people that is elected by the people & gathers to make laws

33
Q

representative democracy

A

system of govt. where all eligible citizens vote to elect people who will rep them in parliament, make laws and govern on their behalf

34
Q

responsible government

A

legal principle- requires govt. to be answerable to elected reps of the people for it’s actions
- reuires govt. to maintain the confidence of the majority of the lower house

35
Q

rule of law

A

principle- everyone in society is bound by law and must obey the law
-laws should be fair and clear, so people are willing to obey them

36
Q

seperation of powers

A
  • doctrine established by the Australian Constitution
  • ensures the 3 powers of our parliamentary system remain seperate (executive, legislative, judicial)
37
Q

statute/legislation

A

a law made by parliament
- a bill that has passed through parliament and has received royal assent
- also known as an Act of Parliament

38
Q

statuatory interpretation

A

process where judges give meaning to the words or phrases in legislation, so it can be applied to resolve the case before them

39
Q

legislative power

A

the power to make laws, which resides with the parliament

40
Q

judicial power

A

the power given to courts and tribunals to enforce the law and settle disputes

41
Q

executive power

A

the power to administer the laws and manage the buisness of government
- vested in the Governor-General as the King’s representative

42
Q

ultra vires

A

Latin term- ‘beyond the powers’
- a law made beyond the powers of the parliament

43
Q

Westminster system

A

a parliamentary system of govt. that developed in Britain- Aus system is modelled off

44
Q

constitution

A

set of rules and principles that guide the way a country/state is run. Some have formal written, some have unwritten

45
Q

referendum

A
  • how the wording of the Aus Const is changed
  • requires a proposal to be approved by the Australian people in a public vote by a double majority
46
Q

minister

A

a MoP who is a member of the party in government & is in charge of a particular area of govt. (eg. education)

47
Q

opposition

A

political party that holds the second largest number of seats (after govt) in the lower house.
- questions the govt about policy matters & is responsible for holding the govt accountable

48
Q

Cabinet

A

the group of senior ministers in a govt made up of the Prime Minister (or Premier at state level) and senior govt ministers who are in charge of a range of portfolios.
- decides which bills or legislation should be introduced into parliament

49
Q

private member’s bill

A

a bill introduced into parliament by a MoP who is not a government minister

50
Q

hung parliament

A

when neither major political party wins a majority of seats in the lower house of parliament after an election

51
Q

money bill

A

a proposed law (bill) that imposes taxes and collects revenue- also known as an appropriation bill

52
Q

election

A

process used where eligible people vote to choose a person to hold a position in a body or organisation (eg. a member of a house of parliament)

53
Q

committee system

A

system used by federal, state and territory parliaments that involves use of seperate working parties to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform

54
Q

independants

A

individuals who stand as candidates in an election or are elected to parliament but do not belong to a party

55
Q

balance of power
(b/w political parties)

A

no single party has a majority of seats in one or both houses of parliament
so the power to reject or approve bills is held by a small number of people (eg. members of minor parties and independant members

56
Q

crossbenchers

A

MoP who aren’t members of either govt. or opposition.
-They are named after the set of seats for them in parliament called the ‘crossbench’

57
Q

international treaty

A

a legally binding agreement b/w countries or intergovernmental organisations
- in which they undertake to follow the obligations set out in the agreement and include them in their own local laws

58
Q

express rights

A

rights that are stated in the Australian Const.
- Entrenched, meaning they can only be changed by referendum

59
Q

implied rights

A

rights that are not expressly stated in the Austrlian Const.
But are considered to exist through interpretation by the high court

Legal Studies (3 decks)

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