Unit 1 Flashcards
What is a liberal democracy?
A system of government where democratically based institutions of government are restrained by liberal inspired political arrangements, ideals or popular expectations
What are the operating principles of liberal democracy?
- equality of political rights-gender/ ethnicity/age
- majority rule
- political participation
- political freedom
Roles of legislative
Creating and modifying laws of society. In Australia statues are passed by parliament. Courts have law making function as they adapt common law over time and apply statute law to individual cases
Role of executive?
Administration. Enduring that the law is carried out. Power to make executive decision is held by chief minister ( prime minister or premier) and other ministers
Role of judiciary?
Courts apply the law to individual cases by hearing and making a judgement in criminal and civil cases
Legislative in NK?
Legislative- ‘supreme people’s assembly’
- Does not not initiate legislation independently of other state organisations
- members granted inviolability and immunity from arrest
What is the doctrine of the separation of powers?
The separation of legislative, executive and judicial arm of government to ensure no one authority has control of all three functions
What is the federal structure in Australia like?
+ Australia has federal, state and local powers.
+ residual powers - section 109
+Concurrent powers- section 107
+ exclusive powers- ‘military’ and ‘currency’
+division of powers
What is the Westminster system?
A democratic Westminster system modelled after the British parliament in Westminster.
What are the key elements of the Westminster system?
+constitutional monarchy
+parliamentary government
+bicameral parliament
+ responsible cabinet government
What is representative government and responsible government
+ party with the majority in the lower house forms government
- prime minster is the leader of this party
- prime minister selects members of either house to serve as ministers
- senior ministers form cabinet.
- individual ministers all accountable in parliament
Similar Elements in American and Australian legal and political system?
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What is judicial independence?
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3 non democratic countries?
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What is constitutionalism?
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What is rule of law?
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What is statute law?
Law made by parliament
Steps to passing a bil ( NEED TO RESERCH)
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English common law?
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Common law in Aus?
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Australian court hierachy?
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What is doctrine of precedent?
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Methods of stautory interpretation?
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Relationship between statue and common law?
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