Liberal Democracy Features

Question 1

Define liberal democracy

Answer 1

• A system of government which is based on:

1. popular sovereignty
   the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the ultimate source of all political power
2. the respect and protection of individuals rights and liberties (including minorities - whilst still adhering to majority rule)

• citizens elect representatives who exercise power on their behalf, representing their interests and concerns.
• Characteristics include free, fair and regular elections, the rule of law, the separation of powers and an independent judiciary.

E.G. Australia

Question 2

Define the Legislative arm of Government

Question 3

Define the Executive arm of Government

Question 4

Define the Judicial arm of Government

Question 5

Define the separation of powers

Answer 5

A doctrine by which the functions of government to make, carry out, interpret and enforce the laws are dispersed across distinct branches (the legislative, executive and judicial branch), in order to avoid a concentration of power which can lead to tyranny.

• Australia has a limited separation of powers, as the legislative and executive branches are merged. E.G. the PM and ministers make-up the parliament and the political executive.
• Made up for through checks and balances, such as by the principle of ‘responsible government’
• First described by French aristocrat Montesquieu

Question 6

Define Parliamentarianism (Responsible Government)

Question 7

Define a Constitution

Answer 7

• A set of political rules and laws that act as a framework for a country’s government.
• Can be ‘written’, in a single book or document
  (Australia, US, Germany etc.)
• Can be ‘unwritten’, formulated across multiple
  (only UK, Israel, New Zealand)
• Constitutions ultimately limit the Government’s power by outlining what authorities are permitted to do within a country (adheres to constitutionalism)

E.G. Commonwealth of Australia Constitution Act (1990)

Question 8

Define Constitutionalism and its purpose

Answer 8

• The philosophical idea that government’s powers should be limited.
• Adhered to by constitutions - both written and unwritten, which are a set of rules and guidelines that act as a framework for a country’s government
• Democratic countries, such as Australia, are based on constitutionalism - and absolutism is the opposite of this idea
• The purpose of constitutionalism is to limit the potential abuse of power by all arms of government, therefore enhancing the effectiveness of democratic principles within a country.

Question 9

Define Federalism - concurrent, exclusive, residual

Answer 9

 A system of government
 Sovereignty is geographically divided
- One central government
- Two or more regional governments
 Each sovereign their own territory
Purposes:
- Limits the power of the government (preserves personal liberty)
- Strengthens parliamentary representation in democracies
- Promotes local decision making
 Australia adopted federalism as a constitutional principle on Jan 1, 1901

Concurrent:
- vests legislative power to both Comm. and state powers (s.109)

Exclusive:
- vests power only to the Comm.

Question 10

Significant Sections of the Const.

Question 11

Explain the Adoption of Westminster Act and Australia Acts

Question 12

Distinguish between Conventions of the Constitution and Constitutional Conventions

Question 13

Key features of the US’ Separation of Powers

Answer 13

Legislative: Congress
Bicameral = 2 chambers:
House of Representatives - fixed at 435, number of seats determined by pop.
Senate - 100 senators, 2 per state
Powers:
- introduce and pass Bills
- declare war
- may impeach the President for abuse of power

E.G. Congress impeached Trump (2019) and acquitted by Senate, Trump impeached Jan 2021 but acquitted Feb 2021 after leaving office.

Executive: President & Vice President
- elected separately to Congress, but cannot be members
- can appoint members to Cabinet, who also cannot be members
- President can veto legislation passed by Congress and grant pardons to convicted persons
- The Vice can preside over Senate during impeachment, which can lead to bias

Judicial: Supreme Court
- Final Court of Appeal
- has the power to interpret the Const.
- Judges are nominated by the President and confirmed by the Senate, can lead to bias
E.G. Amy Coney Barrel & Brett Kavanagh (2018) both conservative judges by Trump
- Judges hold life-time appointments which appear to adhere to judicial independence

COMPARISON
- much higher SOP as no arm can dominate each other
- however, in practice, suggest high levels of partisanship which can lead to bias