- Ruling authority with power to govern - Made from the majority party or coalition in the lower house

- Ultimate court of appeal in Australia - hear & determine disputes regarding constitution

- formal assembly of representatives - elected by people - comes together to make laws

- everyone in society is bound by law - laws should be fair and clear

U4 AOS 1 Flashcards by Allan BASMAN

Australian constitution

2 points.

set of rules and principles guide how australia is governed
set in the Commonwealth of Australia Constitution Act

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Common law

Law made through decisions in cases by judges

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Constitutional monarchy

system of government, monarch head of state and constitution with powers of parliament

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Federation

union of sovereign states that gave up powers to form Australia

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Government

2 points

Ruling authority with power to govern
Made from the majority party or coalition in the lower house

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High Court

2 points

Ultimate court of appeal in Australia
hear & determine disputes regarding constitution

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Judiciary

Judges as a group and courts as an institution

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Law reform

Constantly changing and updating laws so they’re relevant and effective

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legislature

primary body that can make law, parliament

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parliament

3 points

formal assembly of representatives
elected by people
comes together to make laws

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representative democracy

citizens vote on who represents them

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responsible governemnt

government is answerable for its actions and must maintain confidence in lower house

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rule of law

2 points

everyone in society is bound by law
laws should be fair and clear

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Separation of powers

3 poiints

established by Constitution
establishes three powers
executive, legislative, judicial

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statute law

parliament-made law

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statutory interpretation

2 marks

judges give meaning to statute
therefore can be applied to resolve cases

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bill

proposed law that has been presented to parliament

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royal assent

governor-general says yipee

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Concurrent powers

2 points

powers in the australian constitution
can be carried out by both the states and the Commomwealth

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Exclusive powers

2 points

constitutional powers
only commonweath can excercise

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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 ## Footnote 1 bonus point

- document with important rights/freedoms of a state - Australia does not have one in constitution ## Footnote 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 ## Footnote A good example is sex discrimination act (Cth) over infertility treatement act (Vic) in McBain v State of Victoria