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Legal 3/4 > UNIT 3 - AOS 1A > Flashcards

UNIT 3 - AOS 1A Flashcards

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1
Q

Bicameral

A

Parliament which consists of two houses or chambers including an upper house and lower house e.g. senate and house of representatives

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2
Q

Cabinet

A

Policy making body that decides what changes should be made to the law. It is made up of senior ministers and the prime ministers or premier at state level snd is to decide on general government policy and formulate bills to present to parliament.

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3
Q

Crown

A

The authority of the queen is represented in Australia by the governor general (federal) and the governor of each state.

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4
Q

Government

A

Government is formed by the political party that is in power and governs the country/state. This is the party which achieves the largest number of members voted in the lower house (federal) and legislative assembly (state). The role of the government is to decide on what laws should be introduced to parliament

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5
Q

House of Representatives

A

The lower house of parliament where government is formed and lead by the prime minister of the party which acquires power

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6
Q

Legislation

A

laws made by parliament, known as acts of parliament or statutes

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7
Q

Legislative assembly

A

The lower house of victorian parliament where state government is formed

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8
Q

Legislative Council

A

The upper house of the victorian parliament

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9
Q

minister

A

a government minister is a member of parliament who is also a member of a political party that has formed government and is responsible of a government department e.g. environment

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10
Q

parliament

A

the supreme law making body consisting of all elected member of both houses from all political parties and the crows representative. The main role of parliament is to make laws

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11
Q

Prime Minister

A

The member of parliament who leads the political party that has formed government

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12
Q

Royal Assent

A

the signing of a proposed law by the crown’s representative before it becomes law.

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13
Q

Senate

A

The upper house of commonwealth parliament which has equal powers with the HOR for making laws as each state elects 12 representatives and 2 from each territory

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14
Q

Separation of powers

A

refers to the fact that there are three separate types of powers, which are: legislative power, executive power, and judicial power.

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15
Q

Statute

A

Also known as an act of parliament and is another term for legislation, laws made by parliament

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16
Q

Supremacy of Parliament

A

aka: sovereignty of parliament and refers to the final law making powers rests with the parliament. Parliament can repeal and amend its own previous legislation and can pass legislation to override common law.

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17
Q

Westminster principles

A

The set of principles that underpin the parliamentary system. The principles of representative government, responsible government, the separation of powers, the structure of federal and state parliaments and the roles played by the crown and houses of parliament.

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18
Q

what are the westminster principles

A
  1. representative government
  2. responsible government
  3. the separation of powers
  4. structure of federal and state parliaments
  5. roles played by the crown and houses of parliament
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19
Q

SEPARATION OF POWER

legislative power

A

the power to create law and this is held by the parliament

20
Q

SEPARATION OF POWER

executive power

A

the power to administer government policy and this is held by the PM and senior ministers. However in theory it should be the crown and ministers

21
Q

SEPARATION OF POWER

judicial power

A

the power of the courts to interpret and apply the law and is held by the courts and tribunals

22
Q

roles of the senate

A
  • to develop bills (except money bills)
  • act as a scrutinising government
  • act as a responsible government
23
Q

role of the house of representatives

A
  • to form government
  • act as a responsible government
  • act as a representative government
  • control government expenditure
  • initiate and develop bills to become bills
24
Q

how is the house of representatives formed

A

elected by people according to the state/territories population and where the party in government holds the majority of seats

25
Q

how many members in HOR

A

150

26
Q

how many members in senate

A

76 members

27
Q

role of the crown

A

represented by governor general - peter cosgove
executive power of the commonwealth is vested in the queen and is exercised by the governor general
- responsibility of appointing federal executive council, dissolve government/senate, appoint ministers, approve delegated legislation.

28
Q

executive council

A

made up of the prime minister and senior ministers

29
Q

royal assent

A

the signing of a proposed law by the governor general which is necessary before the act of parliament can be made law.

30
Q

role of governor general

A

appointed by queen on advice of pm

  • performing duties of executive council
  • designating times for parliamentary sessions
  • dissolving house of reps to bring about an election
  • appointing judges to courts
  • exercising reserve powers.
  • ensure that the democratic system operates effectively
31
Q

role of legislative council

A
  • act as house of review
  • initiate bills but not money bills
  • scrutinise legislative assembly
  • responsible government
32
Q

role of legislative assembly

A
  • form government
  • develop bills including money bills
  • representative government
33
Q

role of crown ( state level)

A

represented by governor appointed by monarch on advice of premier
- acting as part of state executive council
- reserve powers such as dismissing premier
-

34
Q

does the state governor have power to withhold royal assent

A

no

35
Q

does the governor general have the power to withhold royal assent

A

yes

36
Q

who makes up the cabinet and what is its function

A

the prime minister and senior ministers and is to decide on general government policy and to formulate proposed laws to be introduced into parliament.

37
Q

representative government

A

a government which presents the views of the majority of society and answerable to the people. Each state is represented equally in the upper house despite population on state allowing for minorities to be heard ??????

38
Q

responsible government

A

a government which is accountable and answerable to to the people for it’s actions, ministers and prime ministers and government departments are accountable to parliament and can only continue if it has the support of the lower house

39
Q

what are the five principles within - Effectiveness of the parliamentary system

A
  1. parliament a rubber stamp ?
  2. time for debate
  3. participation by individuals
  4. restrictions on parliament
  5. laws should reflect society’s values
40
Q

How can a government act responsible ??

3 different methods.

A
  • ministerial accountability. Where they are are assigned to a department/portfolio where they must take accountability for expenses and success and must answer to the government and are expected to resign if lost support of parliament.
  • opportunity of public scrutiny in law making so the public can hold government accountable where the government must respond to the parliament and therefore the people
  • question time by conducting debates to ensure accountability to the parliament and people for the governments actions.
41
Q

How many regions does the senate represent / how is it formed

A

Represents each state and territory.
12 each state
2 each territory
No matter population = equal representation

42
Q

How many regions are represented in the House of Representatives

A

150 as there is a seat for every electorate

43
Q

How many regions are represented in the legislative council

A

8 regions

44
Q

How many regions are represented in the legislative assembly

A

88

45
Q

How many seats in legislative assembly

A

88 seats

46
Q

How many seats in the legislative council

A

40

Legal 3/4 (12 decks)

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