Chapter 3 and 4: Creating Australian democracy, modern systems of government

Question 1

Bicameral parliament

Answer 1

A parliamentary structure that has two houses ie House of Representatives and the Senate in Australia and the US

Question 2

Terra nullius

Answer 2

The legal precedent established in Australia by the Murrell case (1836) which was that Australia was vacant land upon the arrival and settlement of the British in 1788.

Question 3

Referendum

Answer 3

A direct vote of the electorate on a policy proposal. The results of a referendum are binding and the process is set out in s128 of the Constitution, where a majority of citizens and a majority of States must agree to the proposition.

Question 4

Unitary government

Answer 4

A government system where there is only one level of government as opposed to a federal system which has two or more levels. New Zealand has such a system.

Question 5

Double dissolution

Answer 5

An election process triggered by the dissolving of both houses of parliament by the Prime Minister of the day to resolve a parliamentary deadlock. The provisions are set out in s57 of the Constitution and were enacted by Malcolm Turnbull in 2016.

Question 6

Concurrent powers

Answer 6

Powers set out in s51 of the Constitution which empower the States and the Commonwealth to make law (shared power) in the areas enumerated eg marriage, taxation.

Question 7

Vertical fiscal imbalance

Answer 7

The situation in a federation where the expenditure responsibility of a government does not correspond with its own sources of revenue. In Australia, there is an imbalance where the Commonwealth has far greater revenue than responsibilities.

Question 8

Original jursidiction

Answer 8

The disputes that a court hears on their first presentation. For example, the High Court has original jurisdiction over constitutional matters, the Magistrates Court has original jurisdiction over misdemeanors.

Question 9

Residual powers

Answer 9

Those powers of government which are not spelled out in the Constitution is either exclusive to the Commonwealth or concurrently shared by the States and the Commonwealth. Examples include sport, health and the environment.

Question 10

Express powers

Answer 10

Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They are fictional or ceremonial powers including giving royal assent or opening parliament.

Question 11

Cabinet government

Answer 11

The executive body of the government. It is the decision-making group consisting of the Prime Minister (or Premier) and senior ministers (inner ministry)

Question 12

Washminster system/mutation

Answer 12

The blending of the Westminster system of responsible parliamentary government and a federal division of powers based on the model adopted by the US.

Question 13

Westminster system

Answer 13

Any political system based on the conventions followed by the UK parliament. It is the process of responsible parliamentary government where the executive is formed from the party holding a parliamentary majority in the power house eg Australia

Question 14

Legislative Council

Answer 14

The Upper House of the WA parliament based on proportional representation which operates as a house of review

Question 15

Reserve powers

Answer 15

Constitutional powers of the Governor General that may, under certain circumstances, be exercised on the GG’s inititiative. It is generally accepted that these include the right to call an election when there is a hung parliament.

Question 16

Express powers

Answer 16

Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They are considered fictional or ceremonial powers such as assenting to laws and opening parliament.

Question 17

Federal balance

Answer 17

The state of the relationship between the respective levels of government within a federation. This is determined by the extent to which powers and responsibilities are shared and most particularly, the extent to which a government has the revenue to meet its responsibilities eg Australian states have a funding shortfall, Commonwealth has a funding surplus.

Question 18

Referendum (constitutional)

Answer 18

A direct vote of the electorate on a policy proposal. The results are generally binding and the process is set out in s128 of the Constitution, where a majority of voters and the States must agree with the proposal.

Question 19

Appellate jurisdiction

Answer 19

The authority of a higher court to hear appeals from a lower courts eg the District Court has appellate jurisdiction over the Magistrates Court.

Question 20

Westminster conventions

Answer 20

The conventions or practices which underlie the Westminster system. These include the necessity for the executive to maintain a majority in the lower house of parliament and that a minister resigns if they do not have the confidence of the lower house.

Question 21

Constitutional preamble

Answer 21

The part of the Constitution which sets out the aims and principles of the Constitution.

Question 22

Coercive federalism

Answer 22

In a federal system where an imbalance lies in the power exerted by the central government over the regional level, a coercive relationship exists.

Question 23

Cooperative federalism

Answer 23

A relationship within a federation where the levels of government cooperate in their management of responsibilities.

Question 24

Dual federalism

Answer 24

A federation such as in the US, which has an effective central government with the states retaining significant powers.

Question 25

Referral of powers

Answer 25

This can occur under the Constitution, where a state may hand over an area of authority to the Commonwealth. This process can only flow one way and is not reversible eg Victoria ceded industrial relations power in 1996 and all states ceded criminal code powers in 2003 to counter terrorism.