Chapter 1 Flashcards by Willow Jeffer

Define rule of law

The principle that all people and institution are subject to and accountable to law that is fairly applied and enforced

How well did you know this?

Not at all

Perfectly

What is the constitution

A set of rules or laws

How well did you know this?

Not at all

Perfectly

What is a referendum

A general vote by the electorate on a single political question, which has been referred to them for a direct decision

How well did you know this?

Not at all

Perfectly

Define direct action

Direct action uses activities such as strikes, protests and marches to achieve their means

How well did you know this?

Not at all

Perfectly

Define defamation

The action of damaging the good reputation of someone

How well did you know this?

Not at all

Perfectly

What is a lobby group

Lobby groups are formed to represent particular issues that they want the government to support

How well did you know this?

Not at all

Perfectly

What is a double majority

A referendum that requires 50% +1 of the whole country, and 4/6 states majority

How well did you know this?

Not at all

Perfectly

What is a bill of rights

A bill of rights is a piece of law that guarantees basic individual rights and freedoms

How well did you know this?

Not at all

Perfectly

What is an absolute majority

A situation in which one person or political party wins more than half of the total votes in an election

How well did you know this?

Not at all

Perfectly

What are express rights

Rights that are specifically stated and clearly spelled out in the constitution

How well did you know this?

Not at all

Perfectly

What are implied rights

rights that are not clearly outlined in the constitution

How well did you know this?

Not at all

Perfectly

What is the premier and his job

First in importance, order, or position

His job is to make decisions for Australia

How well did you know this?

Not at all

Perfectly

What is the prime minister and what is their job

The head of an elected government

Their job is to introduce laws into the parliament

How well did you know this?

Not at all

Perfectly

Define electorate

All the people in an area or country who are entitled to vote in an election

How well did you know this?

Not at all

Perfectly

Define the term rights

A legal entitlement to have or do something

How well did you know this?

Not at all

Perfectly

Define the term freedom

The power or right to act, speak or think as one wants

How well did you know this?

Not at all

Perfectly

Define common law

Not all laws are made by parliament, some are made by judges. These are common laws

How well did you know this?

Not at all

Perfectly

List the express rights and where you can find them

Freedom of religion
Trial of jury 
Compensation of acquired property 
Residential non discrimination 
Interstate trade

These can be in the constitution

How well did you know this?

Not at all

Perfectly

List the implied rights and state where you can find them

Freedom of religion 
Trial by jury
Compensation for acquired property
Residential non-discrimination 
Interstate trade

In the constitution

How well did you know this?

Not at all

Perfectly

Explain freedom of religion and state the section of the constitution

This protects freedom of religion by preventing the commonwealth from making laws establishing a religion
Section 11

Explain trial by jury

Trial by jury is a legal preceding in which a jury makes a decision, which then directs the actions of a judge

Explain compensation for acquired property and what section of the constitution it is in

The government must only do this “on just terms”, usually by providing the landowners with a payment that is equal or greater to the value of the land if they acquire land for a building project, road expansion, mining or other infrastructure
Section 51

Explain residential non- discrimination and what section of the constitution it is in

Protects Australian citizens from being discriminated against by the laws of a state in which they do not live
Section 117

Explain interstate trade and name the section of the constitution it is in

All trade and commerce among the states shall be absolutely free
Section 92

List the types implied rights and where you can find them

``` Freedom of speech Freedom of association Freedom of assembly Freedom of religion Freedom of movement You can find these in courts, parliament but you CANNOT find these in the constitution ```

Explain freedom of speech

Everyone has the right to express their opinion unless it is illegal and it has to be factual. Freedom of speech is not an excuse to harm others.

Explain freedom of association

We are free to choose any association as long as it is legal

Explain freedom of assembly

Australians are free to meet anyone anywhere as long as it is legal

Explain freedom of religion

You a free to join any religion as long as the religious practices are legal

What are the five freedoms?

Freedom of association, movement, assembly, religion and speech

Explain freedom of movement

The ability to move through states and seas knowing you will be able to return

What do members of the parliament not have a responsibility for?

Keeping their constituents up to date with current policies

Electorates are divided up according to what?

The elected representatives

Explain how public interest can overrule democratic freedoms

It can overrule because if elected representatives want to be voted in the election they will go with the public

Provide two examples where freedoms of speech becomes illegal

When someone says something that isn't factual or if they say something that ruins another persons reputation

Why is it important that citizens remain interested and active in the community and public

So everybody's rights are met and their rights are protected

List two ways to participate in a democracy

Stand for office or fund a political party

Name one aim of lobbying

Convince the government to pass laws that favour their cause

Name some reasons why should have a bill of rights

Democratic freedoms would be guaranteed in law and not just implied in the constitution State, territory and federal laws are inconsistent Judges are used to making decisions about difficult issues that parliament tend to avoid defer

Is the common law flexible and negotiable or hard to get around

Flexible and negotiable

What is direct action?

Using more aggressive measures to get your point across

Explain freedom of association

The freedom to join any group or organisation, as long as it is legal

Explain freedom of assembly

The freedom of being able to meet together in a public or private place. At also means the right to a peaceful protest

How many years do the people in the House of Representatives stay the same?

3 years

How many years do the people in the senate stay the same?

Six years but every 3 years there is an election

Name some reasons why we shouldn't have a bill of rights

It enables judges to interpret and change the meaning of laws Moral issues become political ones Major decisions are left with judges who are not elected by the people

How are rights protected in Australia

Legislation (anti-discrimination) Courts Constitution

Do you think Australia needs a bill of rights? Why/Why not?

I think that Australia doesn't need a bill of rights as there are many places already where you can find all the freedoms. It is also a very long process to get it then having to change it sometimes and it becomes an issue.