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Unit 1: Government & Democracy Flashcards

1
Q

Hung Parliament

A

When neither major political party has the majority of seats in government. Major parties must seek the support of the crossbench (minor parties and independents)

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2
Q

Minority Government

A

A government that doesn’t hold the majority in the HoR and relies on crossbench support

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3
Q

Balance of Power

A

When the crossbench votes with the opposition to reject a bill

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4
Q

Rubber Stamp Effect

A

If the government holds a majority in both the upper and lower houses the government can pass laws quickly and without dispute

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5
Q

Hostile upper house

A

If the government does not hold majority of seats in the upper house, it can be difficult to pass bills without significant changes/ rejection

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6
Q

Social cohesion

A

The willingness of members of society to cooperate with each other in order to survive and prosper

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7
Q

Rule of Law

A

Everyone is subject to the same law despite social status or wealth

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8
Q

Distinguish (task word)

A

Show the clear differences and characteristics between two or more concepts, methods or institutions (whereas, however)

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9
Q

Characteristics of an effective law - reflects society’s value

A

In line with majority of society’s values –> makes society more inclined to follow laws

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10
Q

Characteristics of an effective law - enforceable

A

Must be possible to catch and punish offenders - public behavior is easier to enforce / monitor

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11
Q

Characteristics of an effective law - clear and understood

A

Must be written clearly and unambiguously with no legal jargon so lay people can comprehend the laws

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12
Q

Characteristics of an effective law - known

A

Public must be aware of the law’s existence. Individuals have a responsiblity to be aware of laws ‘ignorance is no excuse’ but the government must advertise the law

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13
Q

Characteristics of an effective law - stable

A

Law must not be constantly changing as this leads to uncertainty within the public

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14
Q

5 Characteristics of an effective law

A

RECKS:
- Reflects society’s values
- Enforceable
- Clear and understood
- Known
- Stable

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15
Q

Structure of Parliament - Crown

A

Governor general:
gives royal assent on laws

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16
Q

Structure of Parliament - House of Representatives

A

151 seats representing each electorate:
introduces bills, reviews bills from the senate, holds government

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17
Q

Structure of Parliament - Senate

A

76 chairs - 12 per state 2 per territory:
reviews bills from HoR and introduces bills

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18
Q

Division of powers

A

Exclusive - only federal parliament eg. defence and currency

Concurrent - shared btwn federal and state eg marriage (federal wins when inconsistencies)

Residual - state power eg public transport

By laws - delegated to local council eg roads and rubbish collection

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19
Q

Victorian Parliament - Crown

A

Governor represents King and gives royal assent

20
Q

Victorian Parliament - Legislative Assembly

A

Lower house, 2 elected representatives from each electorate

21
Q

Victorian Parliament - Legislative Council

A

Upper house, represents interests of each region (rural and metropolitan are represented equally)

22
Q

Referendum

A

Words of the constitution can only be changed or removed by a referendum, a national vote (double majority must be achieved)

23
Q

Double majority

A

Yes vote from 51% of the voting population and a state majority from 4/6 states (not including territories)

24
Q

Statute law

A

Law made by parliament

25
Explain (task word)
Describe a point, feature or concept in more detail and reveal relevant facts about it
26
Describe (task word)
Detailed account of characteristics, features or qualities of a system, process, or role
27
Separation of Powers
Provides a system of checks and balances so power isn't concentrated to one group, allowing for fair and consistent laws (Executive, Legislative and Judicial)
28
Separation of Powers - legislative
Role: to make and amend laws Commonwealth Parliament (governor general and government ministers)
29
Separation of powers - Executive
Role: to administer law Governor general, govt ministers and govt departments
30
Separation of Powers - Judicial
Role: to interpret law High court and federal courts
31
3 Reasons why laws need to change
- Changing community values - Technological advancement - Need for community protection
32
Changing community values
Society may be reluctant to obey laws that dont reflect their basic views, therefore laws must keep up with the changing values of majority of society eg smoking laws
33
Technological advancement
Some laws regulate new inventions, reducing the likelihood of exploitation and protecting private information (money and medical records ect) eg Privacy Act 1988 (Cth)
34
Need for community protection
To ensure individuals and groups are protected from physical emotional or financial harm Some people have specific needs and rights - those who cannot protect themselves (eg kids and people with disablities) must be protected
35
Statutory interpretation
When the courts apply meaning to the words of statutory law when deciding the case before them
36
Ultra Vires
law making power acting beyond one's legal power or authority
37
Concurrent law conflicts
Federal power > State power If federal law conflicts with state law then federal law prevails and states law is declared ultra vires (invalid)
38
Effectiveness of courts - Pros
- Appeals can be made to a higher court - Significant media coverage can increase awareness around a law - Judge's decisions can help with law reform
39
Effectiveness of courts - cons
- Courts can only establish precedent if a case with similar material facts is presented - Court cases are expensive and time consuming - Common law can be overridden (abrogated) by parliament
40
Demonstration
A gathering of people to protest / express their common concern with an existing law to influence law reform
41
Demonstration pros
- More participants can lead to positive, free media coverage - May gain the support of MPs wanting to 'adopt a cause' (and be reelected) - Raises social awareness
42
Demonstration cons
- Dangerous, can lead to police involvement and violence - Difficult and time consuming - Protesting something outside of Australia's law making powers (US abortion laws) can be ineffective
43
Petition
A formal, written or electronic statement to parliament to take some action or implement law reform
44
Petition pros
- Simple, easy and inexpensive - Parliament is likely to consider a law with strong support within the community - MP presents the petition to parliament
45
Petition cons
- Influence depends on who tables it - Hundreds of petitions are seen by parliament each day, parliament may not care - Most petitions don't gain media attention

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