Ch 1 & 2 Flashcards

Learn key political and legal terms.

1
Q

Rule of law

A

The principle that all individuals are equal before the law. Limits power of government as all government actions must be lawful.

Key elements

  • universality (equality before the law)
  • law should be known and clear
  • judicial independence
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2
Q

Majority rule

A

A key operating principle of liberal democracy. In a democracy, the majority vote is decisive.

eg: Members of the lower house are chosen by the ‘will of the people’ and must win an absolute majority of votes; the Government (executive) is formed by having majority support in the lower house

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3
Q

Legislative function

A

The power to make the law. Exercised by parliament through debating, scrutinising and enacting statutes.

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4
Q

Executive function

A

The power to administer (carry out) the law. Exercised by the Cabinet (PM + Senior Ministers).

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5
Q

Judicial function

A

The power to interpret and apply the law. Exercised by the courts (independent of the executive and Parliament) which settle disputes.

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6
Q

Liberal democracy

A

A political system that combines majority rule with the protection of rights and freedoms.

Key operating principles:

  • majority rule
  • political freedom
  • equality of political rights
  • political participation
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7
Q

Constitutionalism

A

The principle that the powers of government are defined and limited by a written or unwritten constitution.

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8
Q

Sovereignty

A

The supreme authority to rule in a nation. In representative democracies, sovereignty is based on the consent of the people.

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9
Q

Separation of powers

A

The division of executive, legislative and judicial functions into separate branches (institutions) that act separately and are independent of each other.

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10
Q

Federalism

A

A system of government where the powers and responsibilities of government are divided between a central government and two or more regional governments.

eg: Australia: Cmth Parliament and six State Parliaments

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11
Q

Division of powers

A

In a federal system, the Constitution allocates powers to the different levels of government. The division of powers is presided over by a constitutional court.

eg: Cmth Constitution sets out exclusive and concurrent powers; the High Court settles disputes between the levels of government.

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12
Q

Accountability

A

The requirement that all public officials, both elected and appointed, should be directly or indirectly answerable to the people.

eg: Westminster chain of accountability

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13
Q

Westminster system

A

A political system that originated in Britain and is based on ‘responsible parliamentary government’.

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14
Q

Westminster conventions

A

Unwritten constitutional rules that govern the practice of government in systems derived from the British Westminster system.

eg: Australia has adopted several Westminster conventions such as ‘responsible parliamentary government’.

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15
Q

Responsible parliamentary government

A

A Westminster convention that the executive is formed by securing majority supper in the lower house of parliament. The executive is thereby accountable to the legislature.

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16
Q

Representative government

A

A political system where people elect Members of Parliament (MPs) to represent their voice in parliament. MPs are held accountable through elections.

Contrast: direct democracy

17
Q

Constitutional monarchy

A

A system of government where the head of state is an inherited position but whose powers are limited by a written constitution or unwritten constitutional conventions.

eg Australia’s head of state is the Queen of England and her powers are defined in the Commonwealth Constitution

18
Q

Political freedom

A

A key operating principle of a liberal democracy. The ability to make choices without intimidation, coercion or pressure.

eg: freedom of speech: express political views free from oppression or sanction; freedom of assembly: peaceful protest

19
Q

Political participation

A

A key operating principle of a liberal democracy. Citizens are able to engage with and be part of the political process.

eg vote; stand as a candidate for election

20
Q

Equality of political rights

A

A key operating principle of a liberal democracy. Political rights enable political participation.

eg: ‘one vote, one value’; right to a fair trial (judicial independence, impartial judge)

21
Q

Judicial independence

A

Relates to the separation of powers: the judicial branch must be completely free from interference from the parliament or the Government. Necessary for the rule of law.

22
Q

Constitution

A

A set of rules which ‘govern the governors’. by creating and defining the institutions of power within a political and legal system.

eg: Commonwealth Constitution