Chp 2 - The Australian Parliamentary system Flashcards Preview

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Flashcards in Chp 2 - The Australian Parliamentary system Deck (46)
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1

bbicameral

a parliament with an upper and lower house (and sovereign)

2

cabinet

the meetings of the leader of the government and the most senior members (made up of both houses)
- the way the cabinet is, is not set out by the constitution - it just follows he west minster system

3

Crown

the authority of the monarch represented by the governor general or governor general. retains the right to accept/refuse proposal from both houses

4

Federation

the joining together of separate states to form one nation

5

Government

the party ( or parties in coalition) holding a majority of seats in the lower house

6

High Court

The highest court in Australia established by the constitution and the only court with the authority to interpret the Constitution

7

House of Representatives

The lowest house of the commonwealth parliament

8

Legislative Assembly

the lower house of the Victorian parliament

9

Legislative Council

The upper house of the Victorian parliament

10

Parliament

the supreme law-making body consisting of elected representation and the crown

11

Senate

the upper house of the Commonwealth parliament

12

Separation of powers

the division of the powers among legislation, administrative and judicial bodies to provide a system of checks and balances

13

Westminster System

Australia adopted it from British parliament. this system is bicameral

14

Cession

voluntary assignment of land to another country

15

Conquering

to gain or acquire land by force

16

Settlement/ Colonisation

to take up permanent occupation of land (often disregarding the territories existing people)

17

Terra Nullis

empty land or land belonging to no one

18

Australia: Before federation

-Australia was considered terra nullis.
-it was originally a convict colony
-free settlers wanted Westminster style government
-granted by British parliament passing a colonial constitution for each colony- each had limited law-making powers

19

Federation

- (1881-1900) discussed forming a federation of the 6 colonies
- wanted to create a central authority to legislate for national issues
- yet retain the power to govern its own territory

20

Federal System

- Australia has this style
- country is divided into states each with their own parliament which can exercise powers such as: transport, power, water and education.
- there is a national/ central authority that takes care of e.g. defence, currency, trade

21

(PIA)The constitution

- passed by British parliament and came into force on 01/01/1901
- forms the guidelines for federation
- sets out the structure of the commonwealth parliament (bicameral) and its powers to make laws
- defines the relationship between commonwealth parliament an the states
- high court is the highest court of appeal
- coloneys became states

22

the Australia Acts

-(1986)
- cut the links between Great Britain and the states
- identical acts enacted in aus and Britain on the same day
- established the high court as the final court of appeal

23

Key principles of the Australian Parliamentary System

- separation of powers
- representative government
- responsible government

24

separation of powers

-different bodies perform the three functions of a legal system.
-prevents the corruption of the legal system by providing checks on each other
- legislative, executive, judicial

25

legislative function

parliament is the law-making power (section 1)
- federal: commonwealth parliament
- state: state parliament

26

executive function

- governor general was given the executive function (section 61) . in practice though the power belongs to the government because the governor general acts on the advice of the government

27

judicial function

the responsibility of making laws was given to the courts (section 71). courts have the power to interpret the law and are not subject to political interference.

28

overlap between legislative and executive powers

overlap of members: government makes u the majority party in parliament, governor general is also part of parliament
overlap of responsibilities: parliament delegates law making power to government departments allowing them to make regulations or delegated legislation.

29

reasons for the separation of powers

helps prevent the government from corruption by preventing one body form having all the power. the different bodies also provide checks and balances on the other bodies possibly abusing their power.

30

commonwealth parliament

Bicameral: 1. lower house - house of representatives
2. upper house - the senate
3. the crown - governor general