Glossary Flashcards
1
Q
Access
A
The ability of individuals to exercise their rights in a legal system.
2
Q
Absolute majority
A
To receive 50% plus valid votes in an election
3
Q
Accountability
A
Requirement that all public officials, both elected and appointed, should be directly or indirectly answerable to the people.
4
Q
Acquittal
A
The judgement of a court that a person charged with a crime has not been proven guilty
5
Q
Act of parliament
A
A legislative proposal or bill that has passed all the required stages in parliament. An act becomes a legally binding stature when it has received Royal accent and has been proclaimed.
6
Q
Actus reus
A
A guilty deed or act
7
Q
Address-in-Reply debate
A
The debate that follows the Governor Generals speech, which sets out the Executive legislative program for the next parliamentary session. It is an important opportunity for private members to have input to debate.
8
Q
Adjournment Debate
A
The debate concerning the motion to adjourn to suspend the sitting of parliament to another day.
9
Q
Adjudication
A
In law, the act of judging the merits of two competing points of view, more generally judgement in a case.
10
Q
Administrative Law
A
The body of law dealing with the rules regarding the hearings of government administrative agencies such as internal appeal tribunals. All administrative law must operate within the bounds of natural justice.
11
Q
Admissible evidence
A
Information or material items allowed as evidence in a trial.
12
Q
Adversarial system
A
A legal system based on the principal that justice is best served by allowing competing parties to present their arguments to an imperial third person for adjudication.
13
Q
ADR Alternative Dispute Resolution
A
The resolution of the conflicts and legal disputes privately through methods such as mediation and arbitration. ADR can provide a speedier and less expensive alternative to the formal processes of litigation in the public courts.
14
Q
Amendment
A
An alternation to a bill or act
15
Q
Appeal
A
A challenge of a lower court in a higher court. The right of individuals to appeal court decisions is a major reason for having a hierarchy of courts.
16
Q
Apperence
A
The act of replying to a summons to turning up in court and accepting jurisdiction.
17
Q
Appellant jurisdiction/Appellate Court
A
The authority of a higher court to hear appeals from lower courts. As a pinnacle of the court hierarchy, the High Court has appellant jurisdiction over all judgements of common law or statutory interpretation made by other Australian courts.
18
Q
Arbitration
A
An alternative dispute resolution method by which an independent, neutral third party is appointed to hear and consider the merits of dispute and give a final and binding decision.
19
Q
Aristocracy
A
Forms of government based on rule by an elite. Aristocrats claim the right to rule by birth and status whereas in plutocracy government generally is based on the laws rather than arbitrary power.
20
Q
Arms of Government
A
A term that distinguishes between the legislative, executive and judicial functions of the government.
21
Q
Arraignment
A
Court procedure where a charge contained in a criminal indictment is read to accused who is then asked to plead guilty or not guilty
22
Q
Australia Acts
A
Acts of parliament passed simultaneously by the British and Australian Parliament in 1986. They abolished appeals from State Supreme Courts to the British Privy Council and formally removed the right of the British Parliament to make laws affecting Australia. The Australia Acts were a major step in establishing the independence of the Australian legal system.
23
Q
Authoritarian government
A
A system of dictatorial government based on the unquestioned and complete rule by a leader who ultimately relies on arbitrary violence to maintain control.
24
Q
Authority
A
A form of power based on consensus regarding the right to issue commands and make decisions.
25
Autocracy
Autocracy is a rule by one person with virtually unlimited authority. Autocrats generally suppress any opposition to their personal rule.
26
Autonomous powers
The ability of any government to make decisions that cannot be over turned by another level of government. Australia's Constitution created a coordinate federation where both the central government and the regional governments have some constitutionally guaranteed autonomous powers
27
Backbencher
Any member of a parliament who is not a government minister or ministerial secretary, a presiding officer or and opposition shadow minister. The name is used because they sit at the benches at the back of the chamber.
28
Bail
The money or sureties put up by a person accused of a crime to assure a court that they will re-present themselves for trial. Bail will nor be granted if the accused is considered ti be in danger to society. If the accused does not have the funds or assets needed then they will be remanded until the trial.
29
Bailiff
An officer if the court responsible for serving and executing the processes of the court and who is authorised to serve summons, make arrests and execute warrants of execution.
30
Balance of power
A balance of power exists when no single party or coalition has a majority in a parliament. Therefore for a bill to pass it must be supported by a sufficient number of members in a minor parties or independents. This power to allow or veto legislation is called the balance of power.
31
Balance of probabilities
This is the standard of proof required in civil proceedings. In a civil case a litigant will be found to be at fault if their version of events is judged to be less probable than the case put by the other party.
32
Ballot paper
The voting slip or piece of paper on which a vote is recorded. In some countries there are machine or electronic ballots
33
Bandwagon effect
The tendency for a political party that starts ab election campaign ahead in the polls to increase its lead as the election approaches.
34
Barrister
An independent legal practitioner who presents a case in a court. A barrister may only deal with solicitors and not directly with clients.
35
Beyond reasonable doubt
The standard of proof required in a criminal case. The prosecution must provide evidence to show that there is no plausible explanation of the case other than the guilt of the defendant.
36
Bicameral parliament
A system of government where the legislature is divided into two chambers an upper house and a lower house
37
Bill
A legislative proposal which is formally introduced into a parliament and if passed becomes law.
38
Bill of Rights
A codified statement of legal and political rights has signifiacant status in law
39
Binding precedent
A decision of higher court that must be followed by a lower court in the same jurisdiction
40
Bipartisan
An action or policy that us nor disputed by opposing political parties. The term usually is applied to policies that are accepted by both the government and the oposition.
41
Black letter of the law
The doctrine that the interpretation of statutes by the courts must reflect the literal meaning of the law
42
Blue ribbon electorate
A sear where the winning candidate has achieved more that 60% of the two party preferred vote
43
Budget
The annual statement of the expenditure and revenue plans of a government for the forthcoming year
44
Burden or onus of proof
The requirement that the person who makes a legal claim is responsible for substantiating their case
45
By-election
An election held between general elections to fill a seat left vacant because a member of parliament has died, resigned or been expelled
46
By-law
A rule or regulation based on delegated authority. The terms is mostly used to describe the community level regulations passed under the authority delegated to local governments by state parliments
47
Cabinet
Cabinet is the executive body of government. It is a decision-making group consisting of the prime minister and senior ministers. Cabinet meets frequently and is responsible for determining policy priorities, initiating executive legislation, coordinating administration and dealing with urgent or crisis matters. Cabinet is often referred to as the 'engine room of government'.
48
Campaign
The period following the announcement of an election date in with parliamentary candidates and parties seek to win voters support.
49
Candidate
A person who stands for election to parliment
50
Case law
A word for the whole body of judge-made law. The entire collection of published legal decisions of the courts that form a large part of the legal rules operating in modern society.
51
Case management
The supervision of the pre-trail stage of a civil trail by officers of the court to help ensure timely and cost effective justice
52
Casting vote
A vote exercised by the Speaker that decides a matter when votes are equally divided
53
Casual vacancy
A vacancy in parliamentary representation caused by the death or resignation of a member of parliament. In elections based on single member electorates, a casual vacancy generally will be filled by a by-election. In multi-member electorates, this is not practical and the vacancy is filled by the nomination of a replacement member who holds office until the next generation
54
Caucus
A decision-making body in the political process. In Australia the term. Is used by the Labor Part to describe a full meeting of its elected members of either the Commonwealth or the State Parliament. In the USA it refers to a general assembly of members of a political party who are responsible for selecting candidates for a general election.
55
Caveat emptor
This means to 'let the buyer beware'. It warns purchasers of goods that they should examine and check for themselves products that they intend to purchase as they may not be able to hold the vendor responsible for the flaws in the goods
56
Censure motion
A parliamentary motion that is highly critical of the minister. Censure motions can be used ti call for a minister's resignation on the basis of an alleged failure to meet required standards of probity and propriety.
57
Centralism/centralist
The tendency of central governments to increase its powers at the expense of regional governments. Centralists prefer a political system where power is concentrated in the hands of the central government and may advocate the abolition of state governments
58
Certificate of readiness for trial
Final step in the pre-trial stage of a civil dispute in which the plaintiff and defendant confirm that they have followed all pre-trial procedures and have not been able to settle their differences and also state how long they expect the rial to lat. The court then allocates a date for the trial
59
Challenge to a jury
The night legal council in a jury trial to request that a juror be excused. A challenge to a jury may be based on a claimed disqualification of a juror array and challenges foe cause. A limited number of challenges are possible without specific reasons being given.
60
Charge to a Jury
The judges oral instructions to the jurors before the jury begins deliberations. The charge must accurately set out the law in question and summarise arguments presented by the counsel.
61
Checks and balances
A system of government where political power is divided between distinct and separate arms of government, for example the executive, the legislature and the judiciary. The check and balance provided by this division is intended to prevent the excessive concentration of political power in the hands of one person, group of people or single institution.
62
Children's Court
Name of the Western Australian Court with criminal jurisdiction for the accused who were between 10-17 years of age at thhe time of an alleged offence. The Children's Court also deals with child protection applications under civil law.
63
Circumstantial evedenc
Indirect evidence that may be accepted as proof in a legal case.
64
Citizenship
Legal membership of a county or nation-state. Citizens enjoy the rights conferred by the state including the right of protection to have responsibilities such as upholding the laws of the country.
65
Civil dispute
A legal dispute between two or more individuals in a community. An individual under the law may be a person or an entity such as a company
66
Civil law
The body of law that regulates the ordinary private relationships in a community. Civil law provides for the adjudication of civil disputes by the civil courts.
67
Civil law system
A legal system in which law is codified in a written collection of laws that must then be followed by judges.
68
Civil proceedings
Legal actions brought to resolve a dispute between individuals covering such matters as recovery of debt, claims for damages for injury to persons or property, compensation for breach of contract
69
Class
A group of people with a social characteristics in common. The most common use of the term is the division of society into social classes based on differences in occupation and status
70
Coalition
An alliance between two or more factions or parties in parliament.
71
Coequal power
The term to describe the division of powers between the Houses of the Federal Parliament; House of Representatives and the Senate. It means that the Houses have equal powers to initiate and pass legislation, with the exception that only the House of Representatives can initiate and amend money bills
72
Coercive federalism
The term used to describe an imbalance of power in a federal system, where the central authority effectively dominates the regional level of government. In Australia since WWII the commonwealth has become financially dominant over the state through the use of tied grants. This has been described as coercive federalism.
73
Committal Mention
A hearing in Magistrates Court in which a person accused of an indictable offence enters a plea and is committed for trial in superior court.
74
Committee
A small cross-party group of members of parliament that inquires into specified matters and reports back to the parliament. The rules of committees include the scrutiny of government activity, investigating policy issues and administrating some of the functions of parliament. A committee has only those powers assigned to it by the parliment
75
Committee of the Whole
Traditionally the term referred to the stage in the passage of a bill when all members of the parliament consider bills in detail. Committees of the Whole may be used for other purposes such as the examination of the Governments expenditures.
76
Consideration in detail stage
A stage in the passage of legislation where possible amendments to a bill are debated and decided. Sometimes called the Committee Stage
77
Common law
Law that is based on previous judgements of the courts. Common law exists in Britain and other common law countries like Australia. Once the main source of law and legal principal, it still provides a body of decisions for those areas of law not covered by the statute laws passed by parliaments. The core decisions of higher courts form binding precedents to be followed in the decisions of lower courts. Contrasts with the civil law systems of France and Germany where laws are set down in a written code.
78
Common law right
Rights that flow from the legal traditions or conventions of the community and are recognised by the courts. They include the right to fair trial and to be considered innocent until proven guilty, as well as the rights to free expression and free association. These rights exist until they are specifically overridden by a parliamentary stature
79
Community circle court
Courts that directly involve the community - specifically, family and members of a defined social group of which the defendant is a member - in setting the sanctions applied to an offender
80
Compulsory voting
A requirement that all individuals with a legal right to vote must register for the electoral roll and attend a polling place to vote. Failure to vote without good cause usually incurs a fine.
81
Concurrent power
A power that can be exercised by both the Commonwealth and the states. They are set out in s5l of the Australian Construction.
82
Confederation
A group of independent nations who agree to hand over soe of their powers to a jointly controlled, central political body. The central authority has delegated powers to set or coordinated common policy in a number of areas for its members.
83
Conscience vote
A vote in parliament where members are free to vote on their own judgment and are not bound by party policy. A conscience vote is the most often allowed on matters that involve moral judgment or religious belief.
84
Conservatism
Conservatives value stabitity and oppose social change. They believe that social cohesion is based on traditional instructions and values, and argue for limited government involvement in economic and social matters. The traditional instructions they seek to bolster include the family, organised religion, the monarchy and the capitalist economy. Conservatives emphasise the importance of the values suck as nationalism, loyalty and moral uprightness. Extreme or radical conservatives seek to return society to a 'more perfect' past age.
85
Constituency
An electoral district containing electors who vote for representatives in an elected assembly
86
Constitution
The set of basic law by which a state or nation is governed. Constitutions may include such things as the principals, powers and processes of the political systems. Constitutions may consist of one or a small number of dedicated special Acts or of numerous individual statues and unwritten conventions developed over time
87
Constitutional Convention
A meeting called to write or modify a constitution.
88
Constitutional law
The body of legal precedents made up of judgements on the interpretation of the constitution of the High Court. Also disputes concerning the Constitution.
89
Constitutionalism
The belief that the powers of government should be limited and subject to the rule of law. Constitutionalism requires that the powers of the parliament must be set out in a written or unwritten constitution. This rejection of arbitrary rule was a vital step in the development of modern democratic ideas.
90
Contempt of Court
The deliberate disregard of an order of a court Contempt may be punished by criminal sancions
91
Contract law
Contracts are promises recognised by law as a duty and law provides a remedy for a breach. Disputes concerning contracts made up contract law.
92
Conciliation and medication
Conciliation and medication are the attempt by an independent third party to help parties to a dispute reach a mutually acceptable settlement. It is different from arbitration because an arbitrator can impose a decision on the parties.
93
Concurrent sentence
Where a criminal receives sentences for two or more separate crimes for which they have been found guilty, but the court allows some some sentences to be served concurrently.
94
Convention of the Constitution
An unwritten practice concerning the powers, processes and procedures of a political system that has general acceptance and consciously followed in a society's political activity. Conventions are only as strong as the practical commitment to the term as there are no legally binding penalties for breaches of convention.
95
Convict
A term that can be used for any prisoner, but is specifically used to describe the prisoners transported to Australia by the British Government from 1788 to the end of convictism in Western Australia in the late 1860s
96
Conviction
The result of a criminal trial in which the accused has been found guilty of the crime
97
Cooperative federalism
Voluntary arrangements between the Commonwealth government and state governments to take common administrative or legislative action. This approach is claimed to be the most typical of Commonwealth- state relations in the period from WWI to the 1950s but there are many recent examples covering areas as diverse as traffic rules, microeconomic reform and gun control
98
Coordinate Federalism
Federal arrangement where the central and regional levels of government act independency in their respective spheres. Claimed to be the most typical of federal-state relations in the first two decades of federation.
99
Corroboration
Evidence that confirms or reinforces the testimony of another witness or party in trial
100
Costs
The expenses incurred in legal action. In a civil case, the party found to be in the wrong is generally required to pay the court costs and some part of the other costs of the successful party
101
Council of Australian Governments
A regular meeting of the state premiers, territory chief ministers and the prime minister, to negotiate policy issues that involve joint state and Commonwealth funding or activity. In the past is was called the Premiers Conference
102
Counsel
A persons legal representatives in court such as a barrister or solicitor.
103
Court of Disputed Reterns
The court convened to hear disputes concerning the validity of an election result.
104
Court of First Instance
A court with original jurisdiction to hear specific civil or criminal matter.
105
Covering clauses
Te initial part of an Act the sets out such things as definitions. The term is used to describe the provisions of Commonwealth of Australia Act that precede the Constitution itself.
106
Criminal law/dispute
Criminal laws deal with actions regarded as anti-social and dangerous to the community. Such actions are prohibits by statutes and prosecuted and punished by the government. A criminal dispute is between society and the person accused of violating the criminal law
107
Criminal sanctions
The sentences applied by the courts to a person who has been found guilty of an offence. Sanctions include fines, community service orders and imprisonment. By applying criminal sanctions the law seeks retribution for the offence, the protection of society from the offender, deterrence of others from offending and the rehabilitation of the criminal so they will not re-offend.
108
Crossbench
Seats in parliament between the benches occupied by the government and by the opposition . The cross benches are occupied by independents and members of minor parties.
109
Crossing the floor
A government or opposition member crosses the floor when they vote against their own party in a parliamentary vote
110
Culture
The dominant set of social values in society that are passed on from on generation to another.
111
Cumulative sentence
This applies to the successive sanctions received by an accused who has been found guilty of more than one offence
112
Customary law
Traditional laws of a group or community that reflects the values of the group. Customary law is part of the oral tradition of the group and in enforced through traditional authority such as the power of the elders or through shared community decisions.
113
Customs and excise duties
Custom duties are taxes on the importation of goods. Excises are taxes exclusive power of the Commonwealth under the Constitution
114
Damages
Financial compensation ordered by a court to offset loss or suffering caused by another persons fault or negligence. There are three types of damages. Compensatory damages are intended to reimburse or compensate the plaintiff for the losses they suffered. Exemplary damages are awarded to punish and make an example of the defendant to the community. Plaintiffs may seek nominal damages when they want to prove a point of principal.
115
Declaration of the Poll
Th formal announcement of election results; the end of the electoral process.
116
Decriminalisation
The removal of an offence from the criminal code or the reduction of the severity of the sanctions used to control an offence.
117
Default judgement
Decision in favour of plaintiff when a defendant fails to contest a legal claim.
118
Defence
1. The effort of the accused or defendants counsel during the trial process designed to defeat the prosecution or plaintiff in a trial.
2. To counter, or defeat the plaintiffs contentions, a response to complaint.
3. A plea that reduces or eliminates the guilt of the accused.
119
Defendant
Person, company or organisation the defends civil action taken by a plaintiff. Also a person charged with a criminal offence.
120
Delegate
Members of Parliament who vote in parliament according to what they perceive as the will of the voters who elected them rather than expressing their own views or the position of their party.
121
Delegated legislation
Statutes that allow the executive to authorise the public service or other lawful authorities to create legally binding regulations or determine by-law.
122
Democracy
A political and legal system that is based the principles of individual freedom and equality and rule of the people. In direct democracies the people vote directly on legislation and in representatives democracies the peoples elected representatives vote on legislation. Direct democracy famously existed in ancient Greece
123
Dictatorship
A government in which one person has complete power in a country, especially when power is achieved by force. Dictatorships are 'above the law' and their actions restrict the legal and civil rights of citizens.
124
Direct Marketing Techniques
A campaign technique where candidates send direct mail to specific voters to gain their support. Direct marketing involve the collection of information about voters that identifies their priorities and, on the basis of this information, targets them for particular contacts, generally by 'direct mail'.
125
Disapproving
This occurs when a court decides a precedent or previous decision set by a court at the same level is wrong in law.
126
Discovery of documents
Part of the pre-trail phase of a civil case where litigant requests information and documents held by the other side in an attempt to 'discover' relevant facts.
127
Discrimination
Any action that disadvantages a particular group or individual on the basis of an irrelevant factor such as sex, race, ethnicity, physical handicap or age. In this sense discrimination. Is a negative action that is based on prejudice, not relevant facts.
128
Dissenting judgement
A decision reached by a judge that disagrees with that of the majority of a panel of judges hearing a case
129
Dissolution
The termination of the sitting of Parliament so that general election can be held.
130
Distinguishing
When a court departs from established precedent because it decides that the case before it is substantially different from the facts of an earlier case.
131
Distinct Court
The intermediate court in Western Australia that is presided over by a Distinct Court judge. The District Court deals with indictable offences and civil claims where between $75 000 and $750 000 is claimed
132
Diversion
A process that enable the police to deal with minor offenders in manner that does not involve an offence being recorded or require a court appearance. This may involve a formal caution or the voluntary participation by the offender in a rehabilitation program or in a community based body that sets a sanction.
133
Division
The separation of the members of parliament into those for and those against a motion so a vote can be formally counted.
134
Division of powers
A formal arrangement allocating the responsibilities of government between different levels of government in a federation. This division is sometimes referred to as the 'federal balance'.
135
Doctrine of Precedent
The principle that a lower court is bound by the legal principles that are created by the decisions of a higher court.
136
Donkey vote
A donkey vote is where a voter ranks the candidates from 'I' straight down a ballot paper without regard to the merits of the various candidates.
137
Double dissolution
Double dissolution elections are part of the procedure under s57 of the Australia constitution designed to resolve deadlocks between the House of Representatives and the Senate. In a double dissolution election both houses of the Federal Parliament are simultaneously dissolved and an election for all members of both houses then takes place.
138
Double Jeopardy
The legal principle that an individual who has been acquitted of an offence by a court cannot be re-tried for the same offence.
139
Duel process
Refers to fundamental procedures of the law, such as the right to be heard, which underpin the fairness of the law. Also used to describe the system of 'natural justice'
140
Duty of care
The legal obligation of a person to exercise reasonable care in conduct of an activity. The idea of duty of care is the key principle behind the tort of negligence.
141
Egalitarianism
A belief in the fundamental equality of all people.
142
Either way offence
A relatively minor indictable offence where both a summary and an indictable penalty are set out in the law. The Magistrate Court hear either way offences unless the magistrate decides to refer the case to superior court.
143
Ejusdem generis
A common law maxim or rule followed by courts when interpreting statures. It means 'of the same kind' and allows judges to access if a situation in front of the case to a superior court.
144
Electoral College
A body of people who are elected for the purpose of choosing a political office-barrier. In the indirect election process of the United States Presidency, voters elect members of an electoral college who then select the President.
145
Electoral system
The electoral system is the way in which the representative institutions of a country operate. The number of members to be elected, the size of electorates, and the term of office of elected members are all features of an electoral system.
146
Electorate
Can refer to all persons entitled to vote. Also means a geographical area that is represented by a member of parliament.
147
Empanelling a Jury
The swearing in a jury for a trial
148
Enumerated powers
The powers of government formally set out in the Australian Constitution. These powers may be exercisable only by the Commonwealth or areas of shared Commonwealth and state authority.
149
Equity
The decree to which citizens are treated with equal fairness by the procedures and personnel of the legal system or more broadly in treatment by society in general.
150
Evidence
Information that can be used in court to decide the facts of a case such as the oral statements of witnesses, documents such as a lease or objects such as a gun.
151
Examination of witnesses
The process of questioning witnesses during a trial. The examination of witness begins with examination-in-chief where a lawyer questions his or her own witnesses who are called to provide supporting evidence. This is followed by cross-examination of these witnesses by the opposing lawyer. If necessary, a lawyer may then re-examine his or her own witnesses.
152
Excise
A government charge or tax on the manufacture or sale of goods and services within a county.
153
Exclusive powers
Powers set out in the Australian Constitution about which only the Commonwealth government can make laws. These include the power to collect customs and excise duties and to make laws about the operation of the federal public service.
154
Executive
One of the three arms of government. The executive makes policy and controls government administration.
155
Executive Council
A body consisting of the Queen's representative and government ministers. The Federal Executive Council advises the Governor General and formally approves decisions made previously by parliament or cabinet.
156
Executive power
The power to administer the law. It is one of the three arms of government. The others are the legislative power exercised by parliament and the judicial power exercised by the courts.
157
Exhausted vote
A formal or valid ballot where all available preferences have been counted.
158
Ec post facto
Latin for 'after the fact'. Decisions for courts are ex post facto because they make judgment on a set of events that have already occurred and do not have main intention of setting a general rule that applies to all actions after the court decision.
159
Express powers
Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They include powers such as assenting to law and opening parliament.
160
Fairly safe seats
A classification used by the Australian Electoral Commission to refer to seats in which the winning party holds between 56% and 60% of the two-party-preferred vote.
161
Family Court
The court that deals with that deals with family matters such as divorce and related matters such as responsibility for children.
162
Family group conferencing
An alternative criminal post trial process where a defendant who accepts his/her guilt 'resolves' the crime through a group that included their family, close community and the victim. The group has the power to set sanctions that are agreed to by the defendant. A form of restorative justice.
163
Fascism
A political system based on a very powerful leader, state control and extreme pride in country and race, and in which political opposition is not allowed. The will of the leader is completely identified with the good of the nation. Considered the extreme right of political movements.
164
Federal Court
Part of the hierarchy of the commonwealth courts established under the authority of the Australian Constitution that hear civil and criminal disputed under commonwealth laws.
165
Federalism
A system of government in which the powers and responsibilities of government are divided between a national government and two or more state or regional governments. Federations require written powers.
166
Federation
The creation of a nation by uniting previously separate states, each of which retains some powers of self-government but also cedes some powers to a national government.
167
Filibuster
A tactic of using of long speeches in parliament to delay a vote or decision. The use of a guillotine provisions under Standing Orders of Australian parliaments makes filibusters unusual. Sometimes possible for upper houses where less restrictive standing orders apply.
168
First-past-the-post voting
A voting system in which the candidate with the largest number of votes is declared elected even if they receive less than half the votes cast
169
Floodgating
The use of the governments control of the parliamentary agenda and Standing Orders to ensure the rapid passage of large amounts of executive legislation towards the end of parliamentary session
170
Franchise
A franchise is the right to vote.
171
Formal vote
A ballot paper that has been correctly marked according to instructions and therefore can be counted towards the election result
172
Frontbencher
The members of parliament who are ministers or shadow ministers.
173
Further and better particulars
The second stage of the pre-trial process in a civil dispute during which the litigants develop their cases. Further and better particulars involve interrogatories and discovery. The dispute may be settled at this stage or the process may go on to a Certificate of Readiness for Trail.
174
Gag
A motion under Standing Orders of parliament that 'the motion be put'. Successful gag motion cuts off debate on an issue. It is used to restrict debate and speed up the passage of bill.
175
General election
An election for all seats in the lower house of the parliament. General elections give voters a chance to continue support for a government or to dismiss it from office
176
General Purpose Grant
Payments made to the states out of the Commonwealth Government's consolidated revenue that have 'no strings attached' the funds can be spent by the States as they see fit.
177
Gerrymander
The drawing of electoral boundaries to create an artificial bias towards a candidate or party. It is usually designed to benefit the dominant or incumbent political party and maintain their hold on power. The term evolved in 1812 when the Massachusetts Governor Eldridge Gerry created a voting district that resembled a salamander.
178
Golden rule
One of the three standard approaches of a court to the interpretation of statutes. If the application of the statute to an individual case clearly would have an absurd or unfair outcome then a judge may refer to the general aim of the statute in interpreting an apparently inconsistent part of the Act
179
Goods and Services Tax
A broadly based sales tax. In 2000 the Commonwealth Government introduced a Goods and Services Tax placing a 10% tax on almost all goods and services purchased in Australia
180
Government
The body that has the legal authority to set political policy.
181
Governor
The Queens representative at state level in Australian. The Governors is appointed by the Queen acting on advice from the Premier of a state. Before self-government Governors were powerful figures. Now the position is mainly ceremonial
182
Governor General
The Queen's representative at Commonwealth or federal level in Australia. The Governor General carries out the Queens functions as Head of State on Her behalf. The Queen acting on advice from the prime Minister appoints the Governor General
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Governor-General-in-Council
The Constitution uses this term to indicate the powers of the Governor General that must be based on advice from the Federal Executive Council.
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Grievance Debate
Part of the procedures of parliament that allows Members to speak for ten minutes about any matter of concern to them or their constituents. In the Commonwealth Parliament an hour and quarter per sitting week is allocated to the Grievance Debate.
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Guillotine
A limit on the length of debate during the passage of a bill in parliament. A guillotine is imposed when a motion is put to classify a bill as urgent. If this is accepted a further motion is put specifying the maximum time allowed for debate on each stage of the bill. While guillotines can be necessary to prevent time wasting they are controversial as they are used to force though bills with very little debate.
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Habeas Corpus
A court order that a person being detained be produced before a judge to decide whether detention is legal. Literally means 'you have a body'. Habeas corpus is a long-standing common law right that prevents arbitrary imprisonment.
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Hansard
The official written record of parliamentary debates produced by officers of the parliament.
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Head of Government
The leader of the executive government or senior executive in government who determines or coordinates policy and the administration of government.
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Head of State
The person in a political system whose role symbolises the legal authority of the system, although their powers may be only formal and ceremonial. These powers include giving formal assent to laws, opening parliament, and meeting representatives of other nations. Democratic constitutions may give a Head of State authority to take action in times of crisis or political deadlock.
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Hearsay evidence
Evidence offered by a witness about something they did not observe themselves but were informed of by others. Hearsay evidence is not acceptable in court.
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Hierarchy of Courts
The order of importance of courts in legal decision-making.
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High Court
The High Court is the superior court in the Australian hierarchy of courts. It is the only Court directly established by the Australian Constitution. It has original jurisdiction over constitutional disputes and appellant jurisdiction over all civil and criminal law in Australia
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Higher court
Any court higher in the hierarchy of courts.In general the 'higher' courts are the state Supreme Courts and the High Court and the High Court as they are generally the source of legal decisions that form the precedents that are binding on lower courts such as Magistrate Courts and Distinct Courts.
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House ofRe presentatives
The lower house of the Federal Parliament
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House of Review
Generally the upper house in a bicameral parliament. The role of a house of review is to re-examined bills passed by the lower house, and act as a protection against hasty, ill considered, or bad legislation. This role of Australian upper houses has always been a matter of controversy in Australia politics.
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How to Vote Card
A card of piece of paper headed out at an election by a political party to show is supporters how it would like them to vote. If most of their supporters vote according to this preference distribution the candidate's ability to win the election or influence the election result is increased.
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Human rights
Rights that belong to all people simply because they are human beings. A basic principle of a free society is that people have inalienable rights; rights cannot be 'given away' or legitimacy reduced by the actions of government. A person's fundamental human rights include legal rights such as the right to a fair trial and civil rights such as freedom of speech. There is considerable debate concerning the range of 'freedoms' that should be considered as inalienable human rights.
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Hung jury
A jury that cannot agree on a verdict. Decisions As to the guilt or innocence must be unanimous or near unanimous. The result of a jury failing to reach a decision is a mistrial.
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Hung parliament
A parliament in which no party or group of parties has a majority. The lack of a majority in the lower house creates a minority government. In a hung parliament the government is dependent on the support of minor parties or independents to be able to pass legislation.
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Ideology
A wide-ranging and consistent system of beliefs and values that claims to describe the ideal political, economic and social system. Ideologies amy provide support for the status quo or criticise existing structures and set out a model for a reformed or radically changed society.
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Impeachment
An impeachment is a trial by the legislation of a public official. In The United States a President can be removed form office by impeachment.
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Inadmissible evidence
Evidence that cannot be received into court to aid a judge in deciding a case.
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Inadmissible evidence
Evidence that cannot be received into court to aid a judge in deciding a case.
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Income tax
A direct tax on all forms of earnings of individuals including wages and salaries, dividends, interest and capital gains. The term may be used to include Company Tax, which is a direct tax on the profits of enterprises
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Independent
A parliamentarian who is not a member of a political party.
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Indictable offence
A more serious criminal offence. Indictable offences generally are heard by a judge and jury in the Distinct Court or the Supreme Court.
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Indirect election
Any process where voters elect members of a body that is empowered to elect an office-holder. The US Presidential election is an indirect process.
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Informal vote
An informal vote is a vote that cannot be included in the court towards an election result because is has been filled in incorrectly.
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In futuro
Setting standards or rules 'for the future'. In almost all cases statutes are in future as they charge the law from their date of proclamation onwards, but do not charge the law in the past. Statutes that change the law applying to past events are unusual and controversial.
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Injunction
A court order that requires a party to take specific action or to refrain from an action.
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Inquisitional system
An alternative approach to dispute settlement. In an Inquisitional trail the judge administers the pre-trial investigation examines the evidence, determines the facts of the case and sets the penalty or sanction.
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International law
The treaties and internationally accepted customs that seek to regulate the actions of notions. Such treaties generally are based on common agreement. The best examples are treaties of the United Nations. And the International Court of Justice that can hear disputes concerning breaches of such treaties.
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International Act
An Act of parliament that provides guidelines to the courts for the interpretation of Acs generally
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Interrogatories
Part of the pre-trial process in a civil dispute. Interrogatories are a formal set of questions served by the plaintiff or defendant to gain further information about the matters in dispute. It is compulsory for a party to respond and their answers are the equivalent of statements under oath.
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Joint Committee
A commitee of the parliament that includes members from both the upper and lower houses
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Joint sitting
Under the deadlock provisions of the Constitution a double dissolution election can be followed by a joint sitting of the Senate and the House of Representatives. In a joint sitting Senators and Members of the House of Representatives sit and vote as one house to reconsider the bills that triggered the double dissolution.
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Judicial power
The power to interpret the law or apply the law in individual cases.
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Judicial review
A term used to refer to the appeal process. It is often to specifically refer to appeals from the decision of an administrative agency to a court.
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Judge
The title of the presiding who makes the final decision in case if it goes to trial in the Supreme or District Courts. A judge is referred to as Sir, Ma'am or Your Honour.
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Judge-made law
All law that is created or modified by the courts. Court judgements make law by creating common law precedents and through statutory interpretation. In all non-Constitutional law, Acts passed by parliament override law made by the courts.
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Judgement
A decision by a court to settle a civil or criminal dispute.
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Judicial discretion
The ability of a judge to apply reasonable or equitable principals in making a judgement
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Judicial independence
A key element of the separation of powers between parliament and the courts. Judicial independence requires that a subsequent Act of Parliament cannot overturn an existing judgement of a court in an individual case. It also should not it be possible for parliament to pressure the courts to make decision approved by parliament. Judicial independence requires that judges have secure tenure. It should only be possible to remove judges from office under extraordinary circumstances.
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Judiciary
The judiciary are the members of a court of law who interpret laws and settle disputes. They comprise the third arm of government.
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Jury
A group of men and women randomly selected from the general population to hear evidence in a trial and, on the basis of the evidence, reach a decision on questions of fact or 'truth' in a case.
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Jury duty
The requirement that citizens, unless otherwise exempted, are liable to called up to be part of a jury in a Distinct or Supreme Court trial.
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Justice
Justice is a society's concept of fairness. Justice requires that legal processes are based on consistent rules applied in an unbiased manner and that the individual laws are based on prevailing social values and fundamental human rights.
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Law
Rules of conduct enforceable by the courts
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Law Reform Commission
A body set up by parliament to inquire into aspects of the law that may require revision. Law Reform Commissions eek input from legal practitioners and from the community in general as a basis of advice to parliament.
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Law Reports
An official collection of the judgements of courts in common law cases. Law Reports provide the basis for the use of precedents in courts judgement.
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Legal Aid
Financial assistance to access legal services for individuals who otherwise could not afford it.
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Legal System
The hierarchy of courts and the established processes of law that provide for the resolution of disputes and the interpretation of statutes.
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Legal System
The hierarchy of courts and the established process of law that provide for the resolution of disputes and the interpretation of statutes
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Legislation
This term can describe the activity of parliament in debating bills and establishing statutes or be used as an equivalent term for an Act of parliament.
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Legislative Assembly
The lower house in state parliaments
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Legislative Coucil
The upper house of State Parliament.
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Legislative function
The activity of parliament in debating scrutinising and enacting statutes. The legislative function is a key role of elected parliaments
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Legislative power
The authority of parliaments to make laws for society
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Legislature
A legislature is a law-making body such as a parliament
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Liberal democracy
A view that the ideal political system should combine majoritarian democracy with the protection of the political, legal and social rights of individuals and minority groups.
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Liberalism
A democratic political ideology that emphasises individual autonomy. Liberals support a free market economy and extensive civil liberties and personal freedom, such as religious freedom. Traditionally liberals argued for a minimal government role of in society. However reformist liberals argued that government intervention was needed to ensure fair outcomes for all groups, especially for the economic weak.
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Limited government
The modern belief that governments should not have unrestricted powers and that their actions should be governed by the rule of law
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Literal rule
The literal rule requires that judges assess an Act in isolation and apply in exactly in accordance with its words. This is a 'black letter of the law' approach to statutory interpretation.
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Litigation
The action of taking legal proceedings against another person
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Lower court
Any court lower in the hierarchy of courts.
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Lower house
The chamber of a bicameral parliament that is popularly elected and intended to express the will of the people.
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Magistrate
A person who administers justice in a magistrates Court. Magistrates are referred to as Sir, Ma'am or Your Worship
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Magistrates Court
The lowest court in Australian court hierarchies that hears the less serious criminal and civil disputes.
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Magna Carta
A document signed by King John in 1215, conceding that the king is subject to the law and acknowledging fundamental legal rights. It is considered to be a foundation of modern legal and political freedoms.
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Main committee
An alternative pathway for the Consideration-in-Detail of bills by the House of Representatives, often used for bills on which agreement can readily be reached. The main committee sits concurrently with a sitting of the House. Its decisions are reported back to the House and if these are accepted the bill proceeds to its Third Reading. This parallel process enables the House of Representatives to devote more time to other business. The Main Committee also hears reports
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Major Party
Political parties that can achieve a majority or near-majority of seats in the House of Representatives. Characteristics of major parties include a board support base, the organisational capacity to contest all or most seats, a wide-ranging philosophy and a comprehensive set of policies.
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Majoritarian electoral systems
Electoral systems are based on single member electorates that generally lead to election outcomes in which one party or coalition achieves a clear majority of parliamentary sears. Majoritarian systems may require a successful candidate to achieve a simple majority or an absolute majority of the votes cast in an electorate.
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Majority verdict
A jury decision that is not unanimous but is still accepted as a clear verdict. Majority verdicts are not accepted in all jurisdictions. States that allow some use of majority verdicts variously require the verdict to be 11-1, 10-2 or 9-3
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Malapportionment
The drawing of electoral boundaries to allow a large variation in the number of constituents in different electorates. Malapportionment was a deliberate feature of early democratic systems and was intended to give greater political power to land owners in non-urban electorates.
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Mandate
The authority provided by voters to a successful political party to pursue its policies in parliament based on the policies put to the people in the election that brought it to power. In recent years minor parties who hold the balance of power in the Senate have argued that they have a mandate to act as a check on government actions and to seek amendments to government bills.
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Mandatory Sentencing
Laws that remove judicial discretion in the setting of criminal sanctions.
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Marginal seat
A classification used by the Australian Electoral Commission to refer to seats in which the winning party holds between 50% and 56% of the two party preferred vote.
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Mass media
The general term for organisations that provide information, opinion and entertainment to large numbers of people. The mass media includes newspapers, radio, television, film and the internet.
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Matters of public importance
A parliamentary procedure that allows MPs to speak in parliament about current events if the matter is not covered by other debates in the chamber. It is one of the procedures that enable MPs to raise issues concerning their constituents or add to public debate on an important issue.
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Maxim
A legal tradition, principle or rule, often expressed as a 'saying' in Latin
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Mens rea
A guilty state of mind or an intention to commit on offence.
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Mention Court
An operation of the Magistrate Court. The Mention Court hears an indictment for a criminal offence and transfers the case to a higher court.
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Micro party
An organisation that contests elections for the purpose of raising its profile and putting pressure on larger parties. Micro parties are single-issue pressure groups that nominate candidates in elections
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Minister
A member of parliament who is a member of the government and has responsibility for a portfolio covering an area of government policy and administration.
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Ministry
The collective term for all government ministers.
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Minority government
A government that does not hold a majority of seats in the lower house of parliament and can only remain in power with the support of independents and/or minor parties.
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Minor party
Parties that do not have the broad support base require to win sufficient lower house seats in a general election to form the government or the opposition. Minor parties often are primarily seats in general election to form the government or the opposition. Minor parties often are primarily associated with specific policy areas or represent the interests of a minority in the population. Minor parties can wield power in parliament by holding the balance of power or by forming a coalition with other parties.
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Mirror Representation
The principle that the backgrounds of elected representatives, especially their racial origins, ethnicity, sex, social class, and occupational background should be a good reflection of the backgrounds of the general population. This is also called microcosmic representation.
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Mischief rule
One of the three standard approaches of a court to the interpretation of statutes. If the meaning of an Act is unclear the mischief rule requires judges to assess the purpose of the legislation or the mischief the Act seeks to prevent.
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Misdemeanour
A minor breach of law. If it proceeds to court it is dealt with the Magistrates Court though a summons
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Misery index
A measure of the economic well being of a community. The misery index is calculated by adding together the unemployment rate and the inflation rate.
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Mistrial
When, because of some fundamental error in legal proceedings or the jury to reach a decision, the original trial result is set aside and another trial must be held.
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Mixed member electoral system
An electoral system that provided each voter with two votes each to elect members of a single house of parliament. Using these two votes, the electoral system can combine majoritarian voting and proportional voting systems in an election for a single house of parliament.
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Monarchy
A system of government where a single person rules and where political authority is based on inherited position. In an absolute monarchy the monarch is above the law and governs in an authoritarian manner. In a constitutional monarchy the monarchs powers are mainly ceremonial and the authority to make law belongs to elected representatives of the people
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Money bill
A bill that provides authority to the government to raise taxes or spend money for a particular purpose.
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Multi- member electorate
Multi-member electorates elect more that one member to parliament. the proportional representation voting system requires multi-member electorates
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Nationalism
A strong sense of loyalty to a wider group and commitment to its traditions and interests. Nationalism is an expression of the common interests and the desire for advancement of a group of people of the same race, religion and traditions, but not always from a politically independent country. Strong nationalism can lead to conflict between different groups.
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Native title
A form of land title established by the High Court in Mabo and later incorporated into statutory law. It is a common title that can be claimed by indigenous Australians who can demonstrate continuous customary use of an area of land since European settlement. It can be claimed over land that has not been alienated or transferred to incompatible land use
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Natural justice
The right of all individuals of access to the due process of court proceedings that enable them to argue their case before an unbiased judge, and where appropriate, be judged by their peers. Natural justice requires that individuals have a right of appeal if the original trial contained legal flaws.
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Negligence
The law concerning actions that create injury or financial loss to another due to a failure to use reasonable care. It provides a basis for an individual to seek damages from other individuals or private or public organisations that ere the legal cause of injury or loss they incurred.
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Nexus provision
The provision of the Australian Constitution in s24 that requires that the number of members in. The House of Representatives be, as nearly as practicable, twice the number of Senators.
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No confidence motion
Part of the Westminster system of responsible government. A no confidence motion tests the government's level of support in the lower house. By convention an elected government that cannot win in a no confidence motion must resign. The Governor or Governor General must then appoint a leader who has majority support in the lower house, or if this is not possible, call an election.
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Non-aligned voter
A voter who has no long-term loyalty to a particular political party. Non-aligned voters vote on the basis of current issues and charge the party or group they support from election to election. A similar term is 'swinging voter'.
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Nolle prosequi
A decision taken by the Director of Public Prosecutions, not to proceed with a case. If does not prevent the case being pursued at a future time
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Noscitur a sociis
A common law maxim that states that the questionable meaning of a word or doubtful words can be derived from its association with other words within the context of phrase
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Notice Paper
The printed document circulated each sitting day that lists all outstanding business before a house of parliament. It indicates the orders of the day, notices of motion, notices of intention to introduce bills, and questions on notice. In the Senate it is called the Order of Buisness.
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Officers of the Parliament
A term covering the permanent appointed officers who provide support services for the parliament. They include the Clerks of the upper and the lower house, the Usher of the Back Rod i the upper house and the Serjeant-at-Arms in the lower house.
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Obiter dictum
Literally means 'sayings by the way'. Obiter dictum is all the parts of a legal judgement that are not part of the core statement or reasons for judgement.
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Oligarchy
Government by a few or a minority class. The term is often used to describe any system in which power consistently is concentrated in the hands of a minority even if they are democratically selected.
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Ombudsman
An official appointed by parliament to investigate complaints against government administration and to report back to the parliament.
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One vote one person
The equal right of individuals to vote. Under this key democratic principle each voter can only cast a single vote in an election.
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One vote one value
The principal that all votes must have the same value requires that all electorates as near as possible equal contain an equal number of voters. This is regarded as an essential feature of demographic elections in most modern democracies.
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Open government
The principle that citizens should have maximum opportunity to know what government has decided and how and why it was decided. Freedom of information laws gives citizens a stationary right to see most government reports and papers.
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Opposition
The second largest party in the lower house of a parliament. The functions of the opposition are to act as a 'devils advocate' by highlighting alternatives to specific government initiatives, scrutinise government bills and administration, and to develop alternative polices
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Optional preferential voting
A voting system where voters can decide how many preferences to list on the ballot and therefore dont have to show preferences for candidates they reject or know little about
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Original jurisdiction
The disputes that a court hears on their first presentation.
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Outer ministry
Those ministers with less major responsibilities, whose portfolios are subsidiary to the major responsibilities held by cabinet ministers
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Over-representation
The tendency for elections based on single member electorates to create election results in which the winning party gains a greater proportion of parliamentary seats than the proportion of the overall national vote they achieved.
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Overruling
When a higher court decision in a similar but subsequent case departs from a lower court judgement on the basis that the lower court wrongly decided the original case.
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Pairs
An arrangement between a government and an opposition to maintain the party balance on the floor of the parliament. When one partys representation in the chamber is reduced due to reasonable absences then the other will generally agree to forgo the equivalent number of votes in any devision that is called.
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Parliament
A representative body that include the initiation and passage of legislation. The Federal Parliament consists of the Queen, the Senate and the House of Representatives.
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Parliamentary Counsel
Legal officers in the Public Service who are responsible for drafting bills on instructions from cabinet
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Parliamentary government
A system, of government where power is vested in the people, who exercise their power through parliamentary representatives.
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Parliamentary Privilege
Special rights that give parliaments immunity from ordinary law to allow them to carry out their activities operations without fear of prosecution in the courts. The most important is the right of free speech in parliament. Parliament can apply sanctions for misuse of these rights by members of parliament or by others
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Parliamentary procedure
Rules created by a parliament to regulate its own activities such as its debates. They are generally set out in the parliament's Standing Orders.
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Parliamentary secretary
A member of the government executive who assists a minister in the carrying out of their duties.
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Parliamentary sovereignty
The principle that where parliamentary statute and judge-made common law conflict, statutes always have precedence.
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Parole
The conditional release of an offender from prison before they have served the full term of their sentence. Parole may be granted on the basis of good behaviour and as a means of rehabilitating an offender when they are not seen as threat to the security of the of the general public. An offender who breaches parole conditions can be returned to goal.
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Partisan
The practice of voting in debates strictly along party lines.
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Party discipline
The control or pressure used by a political party to ensure its members vote together in parliament. Some parties have a party whip to ensure this happens
311
Penal colony
An overseas settlement established as a place to send criminals as a punishment. In the past many counties created penal settlements.
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Persuasive precedent
A common law precedent that may be used by a court reaching a judgement, but that is not binding. Courts at the same level in the legal hierarchy or decisions of equivalent courts in other jurisdictions may be the source of persuasive precedent.
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Petition
A document signed by a group of people and presented to parliament to show their support for some action. Formal petitions to parliament are a traditional means by which people have requested action by the parliament.
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Plaintiff
The person who brings an action in a civil case, generally to seek damages from another person who they claim has wronged them.
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Plea-bargaining
An agreement in criminal case where a defendant pleads guilty a lesser charge or receives a recommendation for a lighter sentence in exchange for an early guilty plea.
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Pleadings
The documents in which parties in a civil action set out the arguments that make up their case. These documents are the statement of claim, memo of appearance, defence and counterclaim
317
Plebiscite
A plebiscite is a direct vote by the people on a particular question or issue. The result is not necessarily binding. It may also be called an indicative referendum.
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Plural voting
Plural voting allows some voters to cast more than one vote.
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Plurality
An election result in which the winner is the candidate who gains the largest number of vote who does not necessarily achieve an absolute majority
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Police caution
An action by the police to formally interview an offender and set conditions for their future behaviour rather that require them to attend court
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Political party
An organised group that seeks to achieve representation in parliament and to exert influence or control over the machinery of government
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Political System/polotics
The system of political decision-making in a society. In all societies individual and groups have conflicting interests, beliefs and goals. Politics is the activities though which support for alternative public polices and activities is organised and conflict between groups is resolved
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Polling place
A location where people go to vote on the day of an election; often a school or town hall
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Post-trial stage
The stage in the trial process when the judgement of the court is formally entered and a penalty or sanction may be imposed
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Preamble
The initial part of an Act that sets out the aims or objectives of the Act.
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Preamble of a Constitution
A preamble often forms the initial part of a constitution and sets out such things as the sources of authority of the constitution, its objectives, the parties to the constitutional agreement and symbolic statements concerning the political and social values that underlie the document.
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Preference whispering
A preference exchanging arrangement between minot and micro parties in a multi-member election. It is made possible because of 'group tickets' whereby a registered party in an election predetermines a preference distribution. Voters who 'vote above the line' for the party adopt these preferences, making it possible for small parties to do preference deals with other groups that give them a chance a benefiting from a large flow of preferences.
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Preferential Voting
A voting system where voters must indicate their order of preference for the candidates lists on a ballot. The successful candidate must secure an absolute majority of votes on first preferences or have an absolute majority after preferences have been distributed. In a desperation of preferences the candidate with the fewest primary votes is eliminated and their preferences are distributed among the remaining candidates. This process continues until one candidate secures an absolute majority
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Pre-selection
The endorsement of an individual seeking election as the official candidate of a political party.
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Presidential government
A system of government where the political executive office combines the roles of Head of State and Head of Government, and where the authority to rule is derive from the people. Democratic presidential systems generally feature a directly elected president
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President of the Senate
The Presiding Officer of the Senate
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Presiding Officers of Parliament
A member of parliament elected to chair the sittings of parliament and be in charge of the business, proceedings and administration of their chamber. They seek to ensure that proceedings are conducted in accordance with Standing Orders and established parliamentary practice. In the Senate this task is carried out by the President and in her absence, the Deputy President. In the House of Representatives these positions are called the Speaker and the Deputy Speaker.
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Pressure group
An organised group of people who share common interests, attitudes, or beliefs and take deliberate action that is aimed at influencing public policy, either to achieve some change in policy or administration or support the status quo and prevent change. Pressure groups activities have become a major means of non-violent participation in modern democracies.
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Presumption of innocence
The principle that all those accused of a civil or criminal wrong are entitled to be considered innocent until the allegations against the, have been proved through due and proper legal process. The presumption of innocence is the 'golden thread' of the English legal system and is fundamental requirement of justice in adversarial law systems.
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Pre-trial Stage
The stage in the trial process that precedes a court hearing. Pre-trial processes enable the parties to case to state or respond to the legal dispute. In criminal law it includes the process of investigation and the Committal Mention. In civil law it allows litigants to gain access to the information that is relevant to their claim.
336
Primary (election)
An election held to select a candidate for general election.
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Prima facie (case)
Legal term meaning 'one the face of it' or 'at first sight'
338
Primary vote
The total of the first preferences cast for each candidate in a preferential election
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Private Law
Law that governs disputes between private individuals. Used as an alternative term for civil law.
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Private Member
A non-executive member of parliament. More specifically, a private member is a member of parliament, who does not hold a formal office and thus is not part of the government executive or a Presiding Officer
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Private Member's Bill
A non-executive member of parliament. Any member of the opposition or other non-government parties, an independent or a government backbencher may intake a Private Member's Bill.
342
Private sphere
Those aspects of an individual's life that generally are considered to be outside the realm of government activity, such as an individual's religious beliefs or sexual preference. Civil libertarians seek to defend or even expand the private sphere.
343
Privy Council
The Privy Council is traditional body that provides advice to the Monarch of the United Kingdom. Until recent decades Australian superior courts. The judicial committee consists of the UK Lord Chancellor, the past Lord Chancellor and selected Judges of Superior Courts of the UK and of some Commonwealth countries.
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Pro bono services
Legal services provided free by a lawyer, generally because they wish to test a legal principle or support people who otherwise could not afford to take a case to court
345
Proclamation of an Act
The announcement of the official date a new law will take effect.
346
Proportional representation
A voting system based on multi-member electorates in which each successful candidate must achieve a quota - a fraction of the vote that reflects the number of positions to be filled from the electorate. Under proportion of seats won by each party is approximately equal to its proportion of the popular vote. PR is used for many Australian upper house elections, including elections for the Senate, and is also used for elections to the Tasmanian House of Assembly
347
Proroguing parliament
The official closing of session of parliament by the Governor or the Governor General. It does not involve dissolving either house and thus does not lead to an election.
348
Prosecutor
The legal counsel who presents the evidence against the accused
349
Public funding
The full or partial funding of the costs of a political party or political candidates, especially electoral costs, out of taxpayer's funds. Intended to reduce the reliance of political parties on private donations that create the risk of corruption
350
Public Law
Laws covering key areas of social conduct and social interaction that aim to ensure the general security of society of enforce fundamental social norms or values. Public laws are enforced by society as a whole.
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Public sector
The part of the economy that is owned and run by government or government agencies. In general the public sector provides non-market goods and services that are funded from government revenue
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Public Prosecutor
Counsel acting on behalf of the Office of the Director of Public Prosecution. The DPP conducts criminal prosecution in the District and Supreme Courts and appeals flowing from those prosecutions. In the Magistrate Court the prosecutor may be a specially trained police officer.
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Public Service
The structure of government departments and appointed officials that administer government policy and legislation.
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Public sphere
The shared activities and interests about which a community makes collective decisions through parliament and the courts
355
Punishment politics
A Controversial tactic used by pressure groups during election campaigns. An example id pressure by single interest groups such the anti-abortion lobby to make candidates publicly state their position on an issue. The pressure group then threatens to redirect the votes of its supporters away from candidates who do not support them or who refuse to state their position on the issue
356
Push polling
A controversial campaign technique that uses telephone polling to associate an election opponent with a negative issue or circumstance.
357
Question Time
A daily period of time set-aside during parliamentary debate for backbenchers to ask ministers questions without notice.
358
Quorum
The minimum number of members of parliament who must be present for the parliament to carry out official business such a voting on legislation
359
Quota
A quota in proportional representation voting systems is the number of votes that an individual candidate must achieve to secure election. It is calculated by dividing the number of formal votes by the number of seats available plus one and then adding one more vote.
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Ratio decidendi
The key reasons or core principle underlying a court judgement in common law. The ratio decidendi of a higher court forms the precedent that is binding on the decisions of a lower court.
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Recidivism
Re-offending by ex-prisoners that lead to their return to jail. The level of recidivism is seen as a sign of the failure of prisons as a form of punishment.
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Redistribution
The periodic redrawing of electoral boundaries, generally as a result of changes in the size and distribution of the population of a region.
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Referendum
A direct vote of the electorate on the policy proposal. Generally the results of a referendum are binding.
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Referral of powers
The transfer of an area of authority of a state parliament to the Commonwealth parliament under the provisions of s51 of the Australian Constitution. This process is one way and its not reversible.
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Registrar
A legally qualified person who acts in legal proceedings with delegated powers from a presiding judge. They often have a roe in civil proceedings
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Remand
The act of holding a person in detention between their arrest and their trial. The principle of habeas corpus requires an investigating authority to present a person who has been arrested, questioned and charged to a judge who then decides if they van be granted bail or should be held on remand. Remand is used when it is thought likely that the person will be a continuing danger to the community or is likely to abscond and fail to appear for trial.
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Remedies
Orders made by a court in a civil dispute to compensate a successful plaintiff for the wrong committed against by the defendant.
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Representative function
The role of parliamentarians in representing the views and interests of the electorate. There are three competing models of this role; the delegate model; the partisan model; and the trustee model.
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Republic
A system of government where the authority of the Head of State is derived from the people. In democratic republics the people directly or indirectly choose the Head of State. This contrasts with monarchies where the authority of the King or Queen is based on interest right.
