Government and democracy T1 Flashcards
(100 cards)
1
Q
What are laws?
A
The fundamental to achieving social cohesion and protecting the rights of individuals.
2
Q
Definition of social cohesion
A
A term used to describe the willingness of members of society to cooperate wither each other in order to survive and prosper
3
Q
How do we achieve laws?
A
- Proving guidelines on what we must do and what we will not do
- Establishing individual rights
- Establishing a mechanism for peaceful conflict resolution
- Proving consequences to those who do not obey the law or infringe upon (interfered with) the rights of others
4
Q
What are the characteristics of an effective law? (RECKS)
A
- Reflect societies values
- Enforceable
- Clear and understood
- Known
- Stable
5
Q
What does it mean when a law reflects society’s values mean?
A
If a law is in line with the majority of society’s current values, then members of that society are more inclined to follow that law, rather than disregard it.
6
Q
What does it mean when a law is enforceable?
A
If people break the law, it must be possible to catch and punish them (criminal law) or sue them (civil law). If this is not possible, people may be inclined to follow the law.
7
Q
What does it mean when a law is clear and understood?
A
It is important for a law to be written in a way which people can understand, so the intent of the law is clear. If a law is ambiguous, unclear or written in language or jargon that people do not understand, then it is possible that people will not follow it.
8
Q
What does it mean for a law to be known?
A
The public must know about it otherwise, they cannot follow it. It is the responsibility of the individuals to find out what the law is on a matter that affects them. If someone breaks that law then claims ignorance of its existence, there will be no leniency. This is because ‘ignorance of the law is not excuse’
9
Q
What does it mean when a law is stable?
A
If a law is constantly changing, people may be uncertain to what the law is, and it may therefore not be as effective as a law that has remained constant for some time.
10
Q
What were the aims of federation?
A
- The need to make trade easier within Australia
- The desire to control immigration
- A desire to improve defence arrangements for the continent
11
Q
What was the date of federation?
A
1st Jan 1901
12
Q
What does the constitution set out?
A
- The laws Federal Parliament may pass
- How federal parliament may administrate those laws
- The way the high court works
- How the federal government interacts with the state and territory parliaments
13
Q
What is an Act of Parliament (Act)?
A
A term used to describe laws that have been passed by parliament.
14
Q
Who is the governor general?
A
The Kings representative in Australia.
15
Q
What is the purpose of the governor general?
A
They have been given certain powers to act on behalf of the king.
16
Q
What is the role of the governor general?
A
- Giving royal assent to law made by the house of parliament
- Commissioning the Prime Minister; appointing ministers and assistant ministers; and swearing-in other statutory positions
17
Q
Is the House of Representatives the lower or upper house?
A
Lower
18
Q
What is the HoR known as?
A
‘The Peoples House’
19
Q
How many members are there in the HoR?
A
151
20
Q
What is the purpose of the HoR?
A
To represent the interest of majority of voters from each electorate, who elected the MPs into office at the last federal election
21
Q
What is the role of the HoR?
A
- To introduce bills
- Review bills already passed by upper house
- Holds government
22
Q
Is the senate the upper or lower house?
A
Upper
23
Q
What is the senate known as?
A
1.The ‘States House’ b/c the aim is to ensure that each state/territory has equal representation, regardless of population
2. The ‘House of Review’ because most bills are introduce in lower houses and reviewed in the senate.
24
Q
How many senators are in the senate?
A
76
25
What is the purpose of the senate?
To represent the interests of each state and territory, regardless of population.
26
What is the role of the senate?
1. Review bills passed by the lower house
2. Introduce bills
27
How many senators are from each state and territory?
1. State= 12
2. Territory= 2
28
What does the Victorian Parliament consist of?
1. The King (represented by the governor)
2. Two Houses (The Legislative Assembly and Legislative Council)
29
Is the legislative assembly the upper or lower house?
Lower
30
How many members are there in the legislative assembly?
88
31
What is the purpose of the legislative assembly?
Elected MPs repress the interests of majority of voters from their electorate. Electorates divided based on population (approx an equal amount of voters in each electorate)
32
Is the legislative council upper or lower house?
Upper
33
How many members are there in the legislative council?
40
34
What is the purpose of the legislative council?
To represent interests of reach region, regardless of population (ensure that rural regions are given equal representation)
35
What is a representative government?
A political system in which people elect members or parliament to elect them in government.
36
What happens if members fail to make laws that reflect the views and values of people, or fail to address the needs of community?
They will jeopardise their chance of being re-elected.
37
What power does the constitution give to the High Court?
1. Interpret the constitution
2. Enforce the law and settle disputes
this is achieved through section 71
furthermore it can also hear appeals from in every Australian state and territory
38
What does the constitution establish? (division of powers)
1. Law making powers that only the Commonwealth Parliament can exercise. These are called exclusive powers e.g defence and currency
2. Law-making powers that are shared between the Commonwealth parliament and the state parliaments. These are called concurrent powers e.g marriage and taxation
3. Law-making powers that are not addressed in the constitution are residual powers and therefore retained by states e.g public transport and urban planning
39
Definition of a political party
An organisation that represents a group of people with shared values and ideas, and which aims to have its members elected into parliament
40
What are those who do not belong into a political party known as?
Independants
41
What are the positive functions of Political Parties?
1. Allows resources to be shared and presents a united message to voters
2. Assists law-making by formally grouping the government and opposition- no need for MPs to individually negotiate each bill
3. Facilitates the principe of responsible government- government can be held accountable for distinct policies, opposition an represent distinct alternatives
42
What are the negative functions of a Political Party?
1. Loss of individuality- elected members must vote along party lines or risk being expelled
2. Making voters more cynical
43
What are the 4 major political parties?
1. The Australian Labor Party- major centre-left
2. The Liberal Party of Australia- major centre-right
3. The National Party of Australia- centre right
4. The Australian Greens- left
44
What is an unfixed term?
Where an election may be called at the discretion of the government until maximum timer has elapsed
- 3 yrs for HoR
- 6 years for the Senate (half the senate seats are contested every 3 years)
45
What are exclusive powers? (Division of powers)
Law-making powers that only the Commonwealth Parliament can exercise . E.g currency and defence
46
What are concurrent powers? (Division of powers)
Law-making powers that are shared between the Commonwealth Parliament and the state parliaments e.g marriage and taxation
47
What are residual powers? (Division of powers)
Law-making powers that a re not addressed in the Constitution and are therefore retained by the states. e.g public transport and urban planning.
48
What happens for a bill to become law?
It must pass through both Houses of Parliament, it will go through several staged in each of the houses and must receive a double majority vote from the members in each house. Once the bill has been passed through by both houses, it will be presented. to the governor general to receive royal assent, following royal assent, it becomes law.
49
What is the rubber stamp effect?
If government holds double majority of seats in both the upper and lower house, the Senate tends to be a rubber stamp, merely confirming the decisions made in the lower house.
50
What may a rubber stamp effect affect?
The checks and balances that are designed to protect against misuse of power if the upper house is simply 'ticking the box' when voting on legislation.
51
What is a hostile upper house?
If the government does not hold double majority of seats in the upper house, it will face difficulties implementing its legislative policy agenda.
52
Why will a hostile upper house face difficulties implementing its legislative policy agenda?
The opposition and cross bench can vote together and force the government to make significant chances to their bills or reject the governments bills entirely.
53
Who is the opposition?
The political party that holds the second largest number of seats in the lower house. The opposition questions the government about policy matters and is responsible to holding them account.
54
Who is the crossbench?
Independent members of parliament and members of minor parties. They are named after the seating area in parliament provided for them.
55
What can a hostile upper house prevent?
It can prevent or obstruct the ability of government to implement law reform.
56
What is a hung parliament?
A situation on whether neither major political party wins a majority of seats in the lower house at an election.
57
What must major political parties do when there is a hung parliament?
Seek the support from members of minor political parties and independents to form a minority government.
58
Who are independents?
Individuals who stand as candidates in an election but do not belong to a political party.
59
Who are minor parties?
A political party that, does not have enough members or electoral support to win government or from the opposition.
60
What is a minority government?
A government that does not hold majority of seats in the lower house and relies on the support of minor parties and independents to form governments.
61
What is a problem associated with a minority government?
It must constantly negotiate with minor parties and independents to ensure the legislative program is supported and passed baby the lower house.
62
What is a negative to a minority government?
It can result in the government being forced to alter or dilute its original policies, often annoyance of voters.
63
What is a positive to a minority government?
It ensures that government bills are thoroughly discussed and debated in the lower house. Even without a majority of seats in the lower house, minority government can be successful in passing law reforms.
64
What is the balance of power?
It refers to when independents and minor parties vote with the opposition to reject a bill, referred to the cross bench having the balance of power.
65
What are the weaknesses of independents and minor parties holding the balance of power?
1. It allows a small group to hold disproportionately high levels of power compared to their voter base
2. Independents and minor parties tend to focus on a relatively narrow range of policy issues without having a detailed plan or stance on a broad change of issues
66
What is a strength of independents and minor parties holding the balance of power?
1. The government is forced to consider a wider range of views and better reflect community interest
67
What is common law?
Laws made by judges through decisions made in cases heard before.
68
What twos ways can common law be heard in?
1. When courts interpret and apply statue law, they can broaden or narrow the meaning of the word or phrase in the statue. Once its meaning is decided, it can become a precedent that is also followed in the future
2. Judges can also develop law when deciding on a new issue where no existing legislation applies, or previous principle of law requires an expansion to a new legislation.
69
What are subordinating authorities?
They are secondary bodies (such as local councils, government departments, and statutory bodies such as Australian Post) that have been given the power by parliament to make rules and regulations on their behalf referred to as a secondary legislation or delegated legislation.
70
While both courts and subordinate authorities can also make laws, parliament is...
the supreme law-making body as it can pass legislation with in its power to codify (confirm) or abrogate (reverse) secondary legislation and common law
71
What is abrogation?
When courts decide to interpret a particular legislation in a way that the parliament had not intended when in was first created. Parliament may decide to overrule the interpretation of the courts and alter the act to make its interpretation clearer.
When this happens the law created by courts will no longer be valid and the courts will need to apply the new legislation and not the precedent when a new case comes before them.
72
What is codification?
Sometimes, parliament may have not considered an issue, thus no law has existed in this area. A court makes a precedent that draws parliaments attention to the issue and parliament then decides to codify (confirm) the common law to create a statue to ensure a future court does not change the law.
73
What is the separation of powers?
The Australian Constitution separating the functions of government among 3 independent bodies:
1. The Legislative
2. The Executive
3. The Judicial
74
What is the role and body of the legislative? (Separation of powers)
Role: to make an amend laws
Body: Commonwealth Parliament
75
What is the role and body of the executive? (Separation of powers)
Role: to administer the law (put law into action)
Body: Governor General, Governor minister and Government departments
76
What is the tole and body of the Judicial? (Separation of powers)
Role: to interpret (make judgements about) the law
Body: High Court and other federal courts
77
What does the separation of powers do?
It provides a system of checks and balances on each power to ensure the power is not concentrated in one set of hands.
For example, the body that makes the law is not the same body that creates the mechanism to implement the laws and cannot decide if a person has breached those laws, this ensures that the law is created and applied in a fair and constant manner.
78
Australia has 2 levels of government that work together to provide the services we need, what are these 3 levels of law making?
1. Commonwealth (federal) parliament- makes laws for all of Australia
2. 6 states and 2 territory parliament- makes laws for their state and territory
3. Over 500 local councils- make local laws (by-laws) for their region or district
79
Why do laws need to be changed?
If a law is missing one of the 5 characteristics of an effective law, it may not be as effective as it could be.
80
What is the process of constantly updating and changing the law called?
A law reform
81
What is the purpose of a law reform?
So it remains relevant and effective.
82
What may be the reason for a law reform?
Changing community views and values, technological development and the need for community protection.
83
Why do we need law reform for a change in community values?
In society, values and views changed overtime . If a law is to remain relevant and acceptable to the majority of people, it must be kept up with and reflect these changes. On the other hand, rapid changed to the law which are imposed before the community is ready to accept it, may be met with resistance.
84
why does law reform help community protection?
Law reform must continually occur to make sure individuals and different groups within our community feel safe and protected. One of the main roles of the law is to protect individuals from harm.
85
How can individuals influence law reform?
By preparing a petition to be presented to parliament.
86
What is a petition?
A formal, written request to the government to take some action or implement law reform, It may be on paper or online.
87
For a petition to be accepted for consideration by parliament it must be prepared in a particular format. In general, a petition must...
1. be dressed to the house in which it is being presented
2. contain a clear statement of the request for action or terms of the petition
3. contain the name, address and signature of at least one individual who supports the need for action
4. be legible and not contain any offensive or disrespectful language
88
Who must petitions be presented by parliament by?
A member of parliament, individuals should forward their petitions to their local MP once they believe they have a significant number of signatures.
89
What are 3 strengths to petitions?
1. They are relatively simple, easy and inexpensive way for people to show their desire for a change in law
2. Members of parliament are more likely to consider law reform that has a strong support within the community
3. Once a petition has been given to a member in parliament they must present the petition in parliament. Even if it is not initially successful in generating law reform, the tabling of the petition can help gain the attention of other members of parliament and the media, which can generate further community support
90
What are 3 weaknesses to petitions
1. The influence of the petition may depend on who tables it and their influence within parliament
2. Parliament receives 100s of petitions each year and there is no guarantee or compulsion for the suggested law reform to be adopted
3. Many petitions do not gain public media attention after being tabled
91
What is a demonstration?
A gathering of people to protest or express their comments concern or dissatisfaction with an existing laws a means of influencing law reform.
92
What are pressure groups?
A group of people that have a common interest in trying to influence changes in the law to influence law reform by alerting to the need for a change in the law.
93
How can demonstrations be effective?
They need to attract large numbers of people, as members of parliament are more likely to implement law reform that has significant support. They also need to attract positive media coverage as members of parliament are more likely to associate with themselves with positive campaigns that may increase the popularity of voter, rather than those who cause conflict, public inconvenience or violence.
94
What are 3 strengths to demonstrations?
1. Demonstrations that attract a large number of participants can attract free positive media attention. MoP are more likely to consider law reform that has a strong support within the community
2. They can gain the support of MoP who want to 'adopt a cause', particularly ones that might improve their public profile or image
3. They can also raise social awareness, making members of parliament think about the issue for the first time. This can bring change over time
95
What are 3 weaknesses to demonstrations?
1. They can be less effective and even decrease support for a law change if they case public inconvenience, become violent or lead to a breach in the law.
2. They can be difficult and time-consuming to organise and attendance can be affected by factors like location and weather
3. A demonstration about something that cannot change in Australian Law will be less effective. However, they may still attract attention and have a long term influence
96
How is the courts influence a change in the law limited?
1. Courts can only decide a point of law when resolving a dispute that has been brought before them
2. Courts can only rule on issues directly involved in cases before them
97
How many individuals be deterred from bringing a case before them to courts?
1. High costs involved (legal rep and fees)
2. The amount of time the case may take to resolve
3. The uncertainty of the outcome
98
What does the latin term 'ultra vires' mean?
Individuals may also challenge existing legislation in the courts in the hopes that a judge might role the legislation has been made ultra vires, a latin term meaning 'beyond the powers' and declare it invalid.
99
What are 3 strengths to the use of courts in influencing law reform?
1. Challenging an existing law in a higher court can enable a vague or unclear law to be clarified
2. Even if courts are unsuccessful it may gain significant media coverage and help increase awareness of the possible need to change a law
3. Judges' decisions and comments made in court can encourage parliament to change the law
100
What are 3 weaknesses to the use of courts in influencing law reform?
1. Courts are limited to their ability to change the law because they can only do so when a case comes before them and only in relation to the issue in the case
2. Individuals can be reluctant to challenge a case because it can be expensive and rime consuming and a successful outcome cannot be guaranteed
3. With the exception of High Court disputes involving the interpretation of the Constitution, a judge-made law can be overridden (abrogated) by parliament
