Chapter 1 and 2: Fundamentals of government, democratic ideals Flashcards
Rule of law
The principle that all individuals are equal before the law. It asserts that laws must be based on consent, involve consistent and accepted procedures and apply to all actions of government as well as to individuals
Government
The body that has the legal authority to set political policy. More narrowly, it describes the political executive. In Australia this is the party/parties which hold a majority in the lower house of parliament.
Majority rule
The broad acceptance of the principle that government is determined by the will of the majority and who holds a majority in the legislature, determines law making and empowers them with a mandate
Statute
A legally enforceable legislative Act that has passed all stages in parliament, received Royal Assent and been proclaimed
Legislative function
The activity of parliament in debating, scrutinizing and enacting statutes. It is a key role of elected parliaments.
Executive function
The power to administer the law. In Australia, this authority goes to the party/parties with a majority in the lower house.
Judicial function
The activity of the courts which are independent of the executive and the parliament. Their primary function is to interpret statutes and settle disputes.
Liberal democracy
A political system that combines majoritarian democracy with the protection of political, legal and social rights. The key principles are: majority rule, political freedom, equality of political rights, political participation.
Constitutionalism
The belief that the powers of government should be limited and subject to the rule of law. It requires that the powers of the parliament should be set out in a written or unwritten constitution.
Sovereignty
The supreme authority to rule in a nation. In constitutional democracies sovereign powers are based on the consent of the people and operates through the rule of law. Parliament in the sovereign institution of government.
Separation of powers
The division of executive, legislative and judicial powers into separate arms or institutions that act separately and are independent of each other.
Federalism
A system of government where the powers and responsibilities of government are divided between a national government and two or more state or regional governments. The division of powers is presided over by a constitutional court (High Court in Australia).
Natural justice
The right of all individuals to access due process of court proceedings that enable them to argue their case before an unbiased judge and, where necessary, a jury of their peers.
Accountability
The requirement that all public officials, both elected and appointed, should be directly or indirectly answerable to the people.
Westminster system/model
A political system based on the conventions followed by the UK parliament. It is the process of responsible parliamentary government where the executive is formed through majority support in the lower house of parliament. Procedures are based on convention rather than explicit constitutional provisions.
