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LAWS1025 Flashcards

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1
Q

What is the IRAC method?

A

A legal analysis method involving Issue, Rule, Application, and Conclusion.

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2
Q

What does the term ‘Terra Nullius’ refer to?

A

A legal doctrine declaring land unoccupied, used to justify British claims to Australia.

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3
Q

What is the foundational concept of external sovereignty?

A

Supreme power of a country to manage foreign affairs and relationships.

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4
Q

What does internal sovereignty refer to?

A

The power of a government to control its own territory and citizens.

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5
Q

What is the Doctrine of Repugnancy?

A

A rule invalidating state laws inconsistent with UK laws.

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6
Q

What is Transitional Justice

A

refers to the process of addressing human rights violations after conflict.

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7
Q

What was the outcome of the 1967 referendum for Aboriginal people?

A

Allowed the British to make laws about Aboriginal people but did not grant citizenship.

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8
Q

What does the term ‘guerrilla warfare’ mean?

A

Unconventional warfare using small groups to harass and weaken an enemy.

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9
Q

What was the purpose of the Balfour Declaration?

A

To recognize colonies as self-governing within the British Empire.

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10
Q

What did the Statute of Westminster 1931 achieve?

A

Increased autonomy of British Commonwealth’s self-governing Dominions.

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11
Q

What was the significance of the Australia Act 1986?

A

Terminated UK power over Australian states and removed the doctrine of repugnancy.

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12
Q

What was a major factor leading to Australian federation in the 1890s?

A

Fear of German and French imperialism.

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13
Q

List the three main motivations for federation.

A
  • Defence
  • Immigration regulation
  • Intercolonial trade
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14
Q

What was the ‘Dictation Test’ used for?

A

To prevent non-white migrants from entering Australia.

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15
Q

What did the 1900 Commonwealth Constitution establish?

A

A democratic process for governance in Australia.

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16
Q

What were the voting rights for women in the federation elections?

A

Only women who could vote in state elections were allowed.

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17
Q

What was the impact of the 1942 legislation on Australian governance?

A

UK parliament stopped passing legislation for Australia.

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18
Q

What was the effect of the removal of appeals from the Privy Council?

A

Local governments gained authority without UK parliamentary interference.

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19
Q

Fill in the blank: The _______ was the first attempt at federating Australia in the 1890s.

A

Federal Council of Australasia

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20
Q

What was the nature of the women’s movement in the 1880s?

A

Aimed to free women from subordination in family, workplace, and politics. -mostly white middle-upper class women.

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21
Q

What was a significant consequence of the economic depression on federation?

A

It reignited support for federation as a means to attract British investment.

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22
Q

True or False: The Australian Constitution provided extensive rights protections for citizens.

A

False.

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23
Q

What was the primary concern of smaller colonies regarding federation?

A

Protection of state rights and weaker national government.

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24
Q

What was the relationship between the Australian Constitution and the British Empire?

A

Australia continued to be a member of the British Empire with legal subordination.

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25
What did the Australia Act 1986 (Cth) achieve?
It terminated UK power over the states, territories, and Commonwealth. ## Footnote It removed the repugnancy limitation and appeals from the Privy Council.
26
What was the outcome of the public referendum to turn the Governor-General into a President?
It failed due to lack of consensus.
27
What characterized British Colonial Self-Government in Australia?
There was no continent-wide government and only modest coordination between colonies.
28
What was established instead of entering into treaties for land control?
The Native Police Corps.
29
When was the Native Police Corps established?
In Port Phillip District in 1837.
30
What was the primary function of the Native Police Corps?
To suppress Aboriginal resistance to European settlement.
31
What was the main training focus of the Native Police?
To pacify resistance to colonization and kill men, women, and children.
32
What does the term 'democracy' refer to?
A system of government where the people hold the power to choose their leaders in free and fair elections.
33
What is a constitution?
A set of rules for governing a country.
34
Define parliamentary sovereignty.
The principle that grants the legislative body supreme legal authority.
35
What is the separation of powers?
A division of government into three branches: legislature, executive, and judiciary.
36
What is a bicameral system?
A legislative structure made up of two houses.
37
What does suffrage mean?
The right to vote.
38
Explain the rule of law.
Everyone is subject to the law, ensuring fairness and accountability.
39
What is a referendum?
The only way to change the Australian Constitution, requiring public approval.
40
Who were the Native Police?
A force made up of Aboriginal troopers working under European officers.
41
What is the Stolen Generation?
Thousands of Aboriginal children forcibly removed from their families.
42
What legal authority allowed for the removal of Aboriginal children?
State and territory legislation, rather than federal law.
43
What was the Aborigines Protection Act 1909?
An act that allowed the Aborigines Protection Board to manage Aboriginal affairs.
44
What was the impact of forced removal on Indigenous families?
Broke important cultural, spiritual and family ties and left a lasting intergenerational impact.
45
What was the goal of the government's removal policies?
To create a single, uniform white Australia.
46
Which level of government sanctioned the forced removal of Indigenous children?
State and territory legislation.
47
What did the Aborigines Protection Act 1909 allow?
Removal of Indigenous children from their families without parental consent or court orders.
48
What was the significance of the 1915 amendment to the Aborigines Protection Act?
It expanded government power to remove children without proof of neglect.
49
What was the role of the Chief Protector under the Aborigines Act 1905 in Western Australia?
Legal guardian of all Aboriginal children under 16.
50
What was the shift in focus in Indigenous policies from the 1930s onwards?
From 'protection' to assimilation.
51
What did assimilation policies propose for Aboriginal and Torres Strait Islander Peoples?
They should be absorbed into white society or allowed to 'die out'.
52
What did the Welfare Ordinance 1953 define Indigenous people as?
'Wards' of the state.
53
What was the effect of the Aboriginals Preservation and Protection Act 1939?
Extended state control over Indigenous people’s lives and allowed child removals.
54
What were children taken from their parents taught to reject?
Their First Nations heritage.
55
What was the purpose of Aboriginal Protection Boards?
To manage Indigenous welfare, employment, and removals.
56
What was the role of Missions and Welfare Institutions?
To house removed children and train them for domestic servitude.
57
What did the original Commonwealth Constitution fail to acknowledge?
The existence, sovereignty, or rights of First Nations Peoples.
58
What was Section 127 of the Constitution about?
It excluded Indigenous Australians from being counted in the national census.
59
What is the Uluru Statement from the Heart?
A call for constitutional reform and recognition of First Nations Peoples.
60
What are the three pillars of the Uluru Statement from the Heart?
* Voice * Treaty * Truth
61
What does a treaty aim to recognize?
The sovereignty of First Nations Peoples.
62
What is the purpose of truth-telling in the context of Indigenous rights?
To openly share historical truths about injustices for reconciliation and healing.
63
What challenges does truth-telling face?
* Government resistance * Potential backlash from the public * Ensuring real action follows acknowledgment
64
What was the Cootamundra Girls Home known for?
Training Aboriginal girls for domestic servitude and removing them from families.
65
What is a key instrument of forced displacement of Indigenous peoples?
Classification in terms of physical appearance and 'Aboriginal Blood'.
66
What significant barrier did Aboriginal people face after being displaced?
Prohibition from speaking their own language.
67
What issues do young Australians face in political representation?
Limited political representation and sidelined interests in debates.
68
What does the term 'wards of the state' imply?
Legal guardianship and control by the government over Indigenous people.
69
What was the role of the Aboriginal Protection Board established in NSW in 1883?
To manage Indigenous affairs without an Act of Parliament.
70
What is the significance of the term 'Ngura'?
Refers to the land and connection of Aboriginal people to their territory.
71
What were Missions, Reserves and Stations created for?
To erase the cultures and identities of indigenous peoples. Reserves -  Placed under curfews and refused travel.  Had to seek permission to access their money. Station -  Profits from pastoral/agricultural produce would go to the APB.  Managers had total control and were legal guardians of the children. ## Footnote This includes forced displacement and separation from Ngura.
72
What is Ngura?
A term that signifies a sense of place and connection for Aboriginal peoples.
73
What does separation from Ngura decrease?
Opportunity to perform legal obligations to Ngura.
74
What are some consequences of forced displacement?
* Separation from families * Partial fragmentation of kinship systems * Prohibition from speaking own language * Prohibition from practicing culture and ceremonies.
75
How are kinship systems characterized?
Culturally specific and not universal.
76
What does kinship describe?
Elements of social relationships, families and relatedness in exclusively human terms.
77
What authority is given by traditional owners?
The authority to speak on culturally important matters such as law and language.
78
What must solicitors determine regarding cultural groups?
Who is the cultural group that needs to be brought to the table for discussions.
79
What did missionaries do to convert Aboriginal people?
Learnt their languages and were responsible for much of the early written documentation of the grammar and vocabulary.
80
What is a name taboo?
The prohibition of the use of the names of the recently deceased.
81
What is Indigenous Cultural and Intellectual Property?
Indigenous people have the rights to their own stories and others cannot tell these stories.
82
What is a totem?
A plant, animal, or place that one is the holder of knowledge for and looks after.
83
What does kinship determine?
How people are related, who one can marry, and who supports whom.
84
What are skin names in Aboriginal culture?
Names that indicate one's clan, family group, and personal totem.
85
How are kinship systems structured?
Based on patrilineal and matrilineal nations.
86
What happens if individuals share the same moiety?
They are considered siblings and cannot marry each other.
87
What is the significance of totems?
They represent nations, clans, family groups, and personal identity.
88
What does the term 'country' signify in Indigenous culture?
It embodies identity, culture, and law.
89
How did European invaders view the land?
As empty, something to be conquered and subdued.
90
What does Indigenous knowledge emphasize?
The interconnectedness of life, knowledge, and law.
91
What is a common misconception about Indigenous knowledge?
It is often appropriated and dismissed as inferior.
92
What does the Story of the Girl, the Rock Pool, and the Stars symbolize?
Indigenous knowledge and the importance of understanding connections in the world.
93
In the Story of the Lost Girl, who provided guidance to the girl?
Nature and Mother (Country).

LAWS1025 (2 decks)

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