U4 AOS 1 Flashcards
Australian constitution
2 points.
- set of rules and principles guide how australia is governed
- set in the Commonwealth of Australia Constitution Act
Common law
Law made through decisions in cases by judges
Constitutional monarchy
system of government, monarch head of state and constitution with powers of parliament
Federation
union of sovereign states that gave up powers to form Australia
Government
2 points
- Ruling authority with power to govern
- Made from the majority party or coalition in the lower house
High Court
2 points
- Ultimate court of appeal in Australia
- hear & determine disputes regarding constitution
Judiciary
Judges as a group and courts as an institution
Law reform
Constantly changing and updating laws so they’re relevant and effective
legislature
primary body that can make law, parliament
parliament
3 points
- formal assembly of representatives
- elected by people
- comes together to make laws
representative democracy
citizens vote on who represents them
responsible governemnt
government is answerable for its actions and must maintain confidence in lower house
rule of law
2 points
- everyone in society is bound by law
- laws should be fair and clear
Separation of powers
3 poiints
- established by Constitution
- establishes three powers
- executive, legislative, judicial
statute law
parliament-made law
statutory interpretation
2 marks
- judges give meaning to statute
- therefore can be applied to resolve cases
bill
proposed law that has been presented to parliament
royal assent
governor-general says yipee
Concurrent powers
2 points
- powers in the australian constitution
- can be carried out by both the states and the Commomwealth
Exclusive powers
2 points
- constitutional powers
- only commonweath can excercise
governor
kings representative at the state level
Governor-General
King’s representative at Commonwealth level
Constitution
2 points
- set of rules and principles guide how country is run
- can be unwritten or formal written
House of representatives
Lower house of Commonwealth Parliament
Legislative Assembly
Lower house of victorian parliament
legislative power
the power to make laws, which parliament has
residual powers
2 points
- powers not given to commonwealth by constitution
- therefore only state powers
senate
upper house of commonwealth parliament
legislative council
upper house of victorian parliament
Referendum
2 points
- method to change the wording of Constitution
- Needs double majority to pass
bill of rights
2 points
1 bonus point
- document with important rights/freedoms of a state
- Australia does not have one in constitution
However Victoria does through the Charter of Human Rights and Responsibies Act 2006 (Vic).
Political party
2 points
- organisation that represents people with shared values and ideas
- aims to have members elected to parliament
Coalition
2 points
- joining of 2 or more parties
- usuall to form government
Minister
MP that has a government role (eg education)
Opposition
2 points
- party with second-largest umber of seats
- questions government and holds them accountable
Cabinet
2 points
- Senior ministers of a government in range of portfolios
- decide which bills should be introduced to parliament
private members bill
bill introduced by not a minister
hung parliament
neither party has majority after election
money bill
aka appropriation bill
proposed law that collects revenue and imposes taxes
Roles of House of Representatives in law-making
6 points
- Initiate and make laws
- Determine the government
- Act as a house of review (rarely)
- Control govenment expenditure
- Represent the people
- Scrutinise government
committee system
3 points
- system used by Cth, State & terr with different committees
- investigate wide range of issues
- report back to parliament about law reform
parliamentary committee
small group or parliament members consider and report on a subject
Role of Senate in law-making
4 points
- Act as house of review
- Allow for equal representation of states
- Initiate bills (rarely)
- Scrutinise bills and government
independents
MPs with no party affiliation
balance of power
2 points
- no party majority,
- power is in independents & minor parties
Crossbenchers
MPs that are not government or opposition
Roles of the Legislative Assembly in Law-Making
6 points
- Initiate and make laws
- Determine the government
- Act as a house of review (rarely)
- Control govenment expenditure
- Represent the people
- Scrutinise government
Roles of the Legislative Council in Law-Making
3 points
- Act as a house of review
- Initiate and pass bills
- scrutinise government
Roles of the Crown in law-making
3 points
- Grant royal assent
- Withhold royal assent
- Appointing the excecutive council
Sections 106-108 of the Constitution
Saves the constitutions, parliament powers and laws of the states
(unless the power is deemed exclusive)
Section 109
Commonwealth always prevails over state in inconsitencies
A good example is sex discrimination act (Cth) over infertility treatement act (Vic) in McBain v State of Victoria
