IA1 Revision Flashcards
(42 cards)
Bureaucratic process
Formalised structure with a well-defined hierarchy, division of labor and standards of operation.
Responsible government
Responsible to the Parliament, to ensure that the government does not abuse its power; the government must retain the support of the majority of members of the House of Representatives to stay in power.
Representative government
A system in which people vote for candidates to represent them in parliament and make laws on their behalf.
Minority government
A government in which the governing party has the most seats but still less than half the total.
Majority government
A government by one or more governing parties that hold an absolute majority of seats in a legislature.
Unicameral government
One house, the House of Representatives.
Bicameral government
Two houses, the Senate and the House of Representatives.
Coalition government
A government where political parties enter a power-sharing arrangement of the executive.
Joint sitting
When a joint sitting is held Members and Senators deliberate and vote together on the proposed law in the form it was last proposed and by the House of Representatives.
Hung parliament
No political party has enough seats to secure an overall majority.
Double dissolution
The simultaneous dissolution of the upper and lower houses of parliament preparatory to an election, used to resolve a deadlock between the houses.
Senate
Upper house, house of review
House of Representatives
Lower house
Concurrent powers
Powers held by both the State and Federal Government.
Residual power
Powers held by the State Government.
- Health
- Education
Exclusive powers
Powers held by the Federal Government.
Mabo v Queensland (No.2) (1992)
- Legal claim for ownership of land
- Agreed traditional ownership of their land, Parliament passed the Native Title Act in 1993.
Wik Peoples v. Queensland (1996)
- High Court held that native title rights could coexist on land held by pastoral leaseholders.
- Land is still able to be leased, but that land still belongs to the native title holder.
- Inconsistency between rights means the rights of the native title holders must yield.
New South Wales v. Commonwealth (2006)
- Held that the federal government’s WorkChoices legislation was a valid exercise of federal legislative power under the Constitution of Australia.
Roadshow Films v. iiNet Limited (2012)
- High Court held that iiNet was not liable for authorising its customers infringement of copyright films downloaded.
- A lawsuit was brought alleging that iiNet was liable by failing to act upon notices alleging that users were infringing their copyrights.
- iiNet had no direct power to prevent customers from infringing the copyright
R v. Bayliss and Cullen (1986)
- A doctor and his anaesthetist assistant were charged with offences under the Queensland abortion provisions.
- After interpretation it was found that an abortion would be lawful if carried out to prevent serious danger to the woman’s physical and mental health.
Al Masri v. Minister for Immigration & Multicultural and Indigenous Affairs (2002)
- Examines the legality of detention of an asylum seeker
The Attorney-General for the Commonwealth v ‘Kevin and Jennifer’ & Human Rights and Equal
- The Attorney General affirmed that Kevin and his wife (Jennifer) were not legally able to get married as they had both been born female.
- Corbett v. Corbett, which stated that gender was decided by biology at birth.
- Legal issue was whether Kevin was considered a “man” in the eyes of the Marriage Act 1961
Opportunity Commission (2003)
- Guarantees of equality before the law and non-discrimination
