Quiz 1

Question 1

What is public law?

Answer 1

It the system of power that regulate the relationship between those exercising the power and the people and helps determine how the Australian legal system works.

Question 2

What is the main role of public law

Answer 2

It determines how a legal system works

Question 3

How is public law constrained?

Answer 3

By the law because it must be exercise in accordance with the law

Question 4

How has public law changed?

Answer 4

Public law is more often being controlled by outsourced private people, which help the government, rather than the government. e.g. Private prisons

Question 5

What is examples of public law

Answer 5

1. Administrative law
2. Human Rights
3. Courts
4. Electoral law
5. Constitutional law

Question 6

What is s. 51 of the Constitution

Answer 6

It sets out the provisions that the government can make laws over

Question 7

What is the social contract theory?

Answer 7

People live together in society in accordance with an agreement that establishes moral and political rules of behaviour.

Question 8

What is the rule of law?

Answer 8

Means that no one is above the law and everyone is ruled by the law. Government actors must stay within the boundaries of the law and their power is limited by the law.

Question 9

What is the principle of retrospectivity?

Answer 9

There are cases when retrospective (looking back or dealing with past laws) laws can be made by the government

Question 10

What does Fuller think about the rule of law

Answer 10

If

Question 11

What does Ray think about the rule of law

Question 12

What does Bingham think about the rule of law

Question 13

What is democracy?

Answer 13

A system in which the people have some say in how the state is governed

Question 13

What does Dicey think about the rule of law?

Question 14

What is direct democracy?

Answer 14

Gives the people an immediate role in governmental decision making

Question 15

What is the representative government model?

Answer 15

The peoples primary role is to choose who is going to govern of their behalf. Elections are held to enable the people to decide who should hold positions in the government

Question 16

What is autocracy?

Answer 16

A system in which one person or group governs the country as they think fit, without the consent or input of the people

Question 17

What is the intrinsic justification for democracy

Answer 17

There is something inherently fairer about a system in which people have some say in how they are governed

Question 18

What is the instrumental justification for democracy

Answer 18

It produces good outcomes because a wide range of people are asked there is more diversity of opinions and experience is valuable.

Question 19

What is the tyranny of the majority?

Answer 19

It is an inherent weakness to the majority rule because the majority of an electorate pursues exclusively its own objectives at the expense of those of the minority actions.

Question 20

What is federalism

Answer 20

A system of government in which sovereign legislative power is shared between two or more territorially (Federal government and states government) defined levels of government. The distribution of power is effected by a written constitution and policed by an independent arbiter .

Question 21

What is a unitary system of government?

Answer 21

Only one government

Question 22

What is a benefit of smaller localised governments

Answer 22

1. More alert to the particular needs of the group or people in these communities
2. Makes laws more tailored towards that group of people and their views
3. Ensure people are not subjected to unnecessary laws

Question 23

What are advantages of Federalism?

Answer 23

1. Provides a stable mechanism for extending democracy across a large territory and population
2. Divides and disperses power
3. Provides citizens with diversity and choice

Question 24

What are issues of federalism

Answer 24

1. Over-governed
2. Blurred roles and responsibilities
3. Ineffectual cooperation between governments

Question 25

What is the separation of powers

Answer 25

Power is separated between the legislative, the judiciary and the executive and by structuring power this way it means that power is broken down into a number of steps, performed by different people, allowing the opportunity if necessary to raise concerns about the apporpriateness of the action

Question 26

What is responsible government?

Answer 26

It means that people who hold ministerial positions are responsible to parliament.

Question 27

What does responsible government do?

Answer 27

It means
1. minister enjoy the support of Parliament and ministers responsible to
2. Parliament for the actions taken without their department.
3. Parliament can question ministers not their actions and the way they are managing their department
4 .If a minister loses the confidence of Parliament they should resigned

Question 28

What is s.64 of the Aus Constitution

Answer 28

It stipulates that ministers must also be members of parliament and can be enforced by the courts

Question 29

What are international agreements and what is an example?

Answer 29

They are agreements negotiated and entered into by two or more nations e.g. treaties, conventions, covenants