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VCE Legal Studies Units 3/4 2024 > U4 AOS 1 > Flashcards

U4 AOS 1 Flashcards

1
Q

Australian constitution

2 points.

A
  • set of rules and principles guide how australia is governed
  • set in the Commonwealth of Australia Constitution Act
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2
Q

Common law

A

Law made through decisions in cases by judges

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3
Q

Constitutional monarchy

A

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

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4
Q

Federation

A

union of sovereign states that gave up powers to form Australia

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5
Q

Government

2 points

A
  • Ruling authority with power to govern
  • Made from the majority party or coalition in the lower house
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6
Q

High Court

2 points

A
  • Ultimate court of appeal in Australia
  • hear & determine disputes regarding constitution
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7
Q

Judiciary

A

Judges as a group and courts as an institution

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8
Q

Law reform

A

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

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9
Q

legislature

A

primary body that can make law, parliament

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10
Q

parliament

3 points

A
  • formal assembly of representatives
  • elected by people
  • comes together to make laws
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11
Q

representative democracy

A

citizens vote on who represents them

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12
Q

responsible governemnt

A

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

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13
Q

rule of law

2 points

A
  • everyone in society is bound by law
  • laws should be fair and clear
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14
Q

Separation of powers

3 poiints

A
  • established by Constitution
  • establishes three powers
  • executive, legislative, judicial
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15
Q

statute law

A

parliament-made law

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16
Q

statutory interpretation

2 marks

A
  • judges give meaning to statute
  • therefore can be applied to resolve cases
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17
Q

bill

A

proposed law that has been presented to parliament

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18
Q

royal assent

A

governor-general says yipee

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19
Q

Concurrent powers

2 points

A
  • powers in the australian constitution
  • can be carried out by both the states and the Commomwealth
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20
Q

Exclusive powers

2 points

A
  • constitutional powers
  • only commonweath can excercise
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21
Q

governor

A

kings representative at the state level

22
Q

Governor-General

A

King’s representative at Commonwealth level

23
Q

Constitution

2 points

A
  • set of rules and principles guide how country is run
  • can be unwritten or formal written
24
Q

House of representatives

A

Lower house of Commonwealth Parliament

25
Q

Legislative Assembly

A

Lower house of victorian parliament

26
Q

legislative power

A

the power to make laws, which parliament has

27
Q

residual powers

2 points

A
  • powers not given to commonwealth by constitution
  • therefore only state powers
28
Q

senate

A

upper house of commonwealth parliament

29
Q

legislative council

A

upper house of victorian parliament

30
Q

Referendum

2 points

A
  • method to change the wording of Constitution
  • Needs double majority to pass
31
Q

bill of rights

2 points

1 bonus point

A
  • 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).

32
Q

Political party

2 points

A
  • organisation that represents people with shared values and ideas
  • aims to have members elected to parliament
33
Q

Coalition

2 points

A
  • joining of 2 or more parties
  • usuall to form government
34
Q

Minister

A

MP that has a government role (eg education)

35
Q

Opposition

2 points

A
  • party with second-largest umber of seats
  • questions government and holds them accountable
36
Q

Cabinet

2 points

A
  • Senior ministers of a government in range of portfolios
  • decide which bills should be introduced to parliament
37
Q

private members bill

A

bill introduced by not a minister

38
Q

hung parliament

A

neither party has majority after election

39
Q

money bill

aka appropriation bill

A

proposed law that collects revenue and imposes taxes

40
Q

Roles of House of Representatives in law-making

6 points

A
  • Initiate and make laws
  • Determine the government
  • Act as a house of review (rarely)
  • Control govenment expenditure
  • Represent the people
  • Scrutinise government
41
Q

committee system

3 points

A
  • system used by Cth, State & terr with different committees
  • investigate wide range of issues
  • report back to parliament about law reform
42
Q

parliamentary committee

A

small group or parliament members consider and report on a subject

43
Q

Role of Senate in law-making

4 points

A
  • Act as house of review
  • Allow for equal representation of states
  • Initiate bills (rarely)
  • Scrutinise bills and government
44
Q

independents

A

MPs with no party affiliation

45
Q

balance of power

2 points

A
  • no party majority,
  • power is in independents & minor parties
46
Q

Crossbenchers

A

MPs that are not government or opposition

47
Q

Roles of the Legislative Assembly in Law-Making

6 points

A
  • Initiate and make laws
  • Determine the government
  • Act as a house of review (rarely)
  • Control govenment expenditure
  • Represent the people
  • Scrutinise government
48
Q

Roles of the Legislative Council in Law-Making

3 points

A
  • Act as a house of review
  • Initiate and pass bills
  • scrutinise government
49
Q

Roles of the Crown in law-making

3 points

A
  • Grant royal assent
  • Withhold royal assent
  • Appointing the excecutive council
50
Q

Sections 106-108 of the Constitution

A

Saves the constitutions, parliament powers and laws of the states

(unless the power is deemed exclusive)

51
Q

Section 109

A

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

52
Q
A

VCE Legal Studies Units 3/4 2024 (4 decks)

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