Understanding of Democracy & RoL

Question 1

Separation of Powers Doctrine

Answer 1

A doctrine in which the functions of government to make, carry out, interpret and enforce the laws are dispersed to prevent the concentration of power.

Question 2

Sovereignty of Parliment

Answer 2

The idea that in a political and legal system where both common and statute laws are created, statute law will prevail when conflict occurs, leaving the parliament with sovereign power within a state.

Question 3

Division of Powers

Answer 3

The concept in which powers are divided between each level of government, some being exclusive to the commonwealth and some being shared by both federal and state levels.

Question 4

Representative Government

Answer 4

A form of government in which the people are sovereign, but are represented in government by elected members of an assembly (parliament) acting as their representatives. Such representatives may be delegates, trustees or partisans, as citizens entrust power to these representatives to convey their ideologies and concerns in parliament.

Question 5

Westminster conventions of responsible parliamentary government

Answer 5

An unwritten rule/custom of the Australian parliament, derived from the Westminster system, in which either the Executive government as a whole or individual ministers are held to account by the House of Representatives. This is part of parliament’s ’responsibility function’.

Question 6

Constitutionalism

Answer 6

The idea that power should be limited, the basis of democratic constitutions.

Question 7

Federalism

Answer 7

A system of government in which sovereignty is geographically divided between one federal and two or more regional governments.

Coercive Federalism : Federal governments hold greater power that regional governments

Co-operative Federalism : Both levels work together to achieve outcomes (similar amount of power)

Co-ordinate Federalism : Each level is independent and autonomous of one another

Question 8

Judicial Independence

Answer 8

A key democratic principle on which the judiciary must be completely free from interference and influence from the parliament, government or any other institution or person. It is a vital component of the rule of law.