test 1

Question 1

representative democracy

Answer 1

form of gov which citizens elect representatives to govern on their behalf

thre is a representative assembly (parlmnt) w/ law making pwers

parlmnt exercises ppl’s sovereignty to make laws supported by majority of citizens

Question 2

liberal democracy

Answer 2

form of gov which liberal values of repsect for individual rights + freedoms temper majority rule.

delegates exercise ppl’s pwr on their behalf + for their benefit

Question 3

liberal democracy principles

Answer 3

majority rule

equality of political rights

political freedoms

political participation

Question 4

constitutional monarchy

Answer 4

form of gov which monarch rules nation state w/ limits of pwer by constitution

monarchy –> british colonised aus

gg represents monarch in parlmnt

Question 5

conventions which bring monarchy under rule of law

Answer 5

royal pwr must only be exercised on advice of minister who are responsible to the elected parlmt. e.g. the pwr to appoint ministers once PM has reccommended their cabinet

monarch always assents to laws passed by parliament

parliamentary exec (PM + cabinet) may exercise royal prerogative pwrs (those inn exe may use w/o parliamentary approval. e.g. declaring war)

Question 6

majority rule

Answer 6

50% + 1

legislature is chosen by the ppl. laws made by parlmnet composed of reps chosen by the ppl. Unsures laws reflect value of majority. Parlmmts relect will of majority in law it passes

an exec is chosen by the ppl (gov) executes laws + makes policies to implent them

Question 7

sovereignty

Answer 7

The unlimited authority of a nation state/ state w/in a fed to govern itself.

requires geographical territory, pop., political syste, to govern the ppl + territory

e.g 2017 Malcolm Turnbull made public remark on alleged foreign interference from China in Aus affairs. noted when china was founded (1949) its leaders declared “the chinese ppl have stood up”- assertion of chinese sovereignty

Question 8

constitution

Answer 8

laws that limits pwr of gov including monarch

may be written or unwritten (conventions)

conventions are practices + traditions that act to limit pwr of monarch

Commonwealth of Australia Constitution Act.

Question 9

separation of pws

Answer 9

based on idea of dispersed pwr

the organisation of pwr of gov in a way that prevents concentration of pwr

3 branches- legislative, legislature, executive

Question 10

judicial independence

Answer 10

complete independence from legslative + executive gov

judges are appointed by exec gov but cannot be dismissed

can only be dismissed by parlmnt for ‘proved misbehaviour or incapacy’ - section 72 of constitution

Question 11

who is govenor general

Answer 11

david hurley

Question 12

checks + balances

Answer 12

check: limits to pwr

balances: an equivalence of diff types of pwr

when pwrs are separated them can provide accountabilities or checks + balances on each other

Question 13

checks + balanes between each branches of gov in aus

Answer 13

leislature –> judiciary: makes laws + can dismiss judge

judiciary–> legislature: interprets law

judiciary –> exec: judges lawfulness of policies

exec–> judiciary: appoints judge

exec –> legislature: proposes law

legislature –> exec: makes laws + approves gov spending + makes & breaks gov

Question 14

rule of law

Answer 14

no is is above law

law is ultimate authority in any society

protects citizens from abuses of pwr

via rule of law, citizens can limit those in pwr

judges apply law in individual + specific cases –> would be against principles of liberal democracy if influenced in any way

Question 15

unitary

Answer 15

form of gov which there is only 1 national gov in which sovereignty is vested

UK + NZ have regional govs + pwrs are granted to them via national gov

most political pwrs belong to central gov- local govs are reliant on central gov

Question 16

federation

Answer 16

The act of becoming a federation
–> Aus becoming a nation state from 6 colonies

federalism: the division of nation’s sovereignty between 1 nation + 2 or more regional govs
–> alternate to a unitary state which sovereignty is undivide

Question 17

main institutions of AUs federation

Answer 17

commonwealth at national level

state govs at regional level

nationally- GG, commonwealth parlmnt, federal exec gov + federal court

regionally- 6 govenors, state parmnts, state exec govs + state courts

Question 18

bicameralism

Answer 18

2 houses of parlmnt

in Aus, there is upper house + lower house

ALL PARLMNTS EXCEPT QLD, NT + ACT ARE BICAMERAL (UNICAMERICAL)

upper house- senate
lower house- House of reps

Question 19

Senate vs HOR

Answer 19

senate- upper house
- to represent interests of 6 states @ commonwealth level of gov
- elected by citizens of each state
-12/state, 2/territory= 76 senators
serves for max 6 yrs p/term
typically commencing 1st july following election

HOR- lower house
- directly elected by entire body of enrolled electors
- membs elected by Aus citizens in electorates in which they live
- 151 members
- members serve max 3 yrs p/term

Question 20

Commonwealth parliament

Answer 20

the institution in the Aus political system that represents the ppl + states

makes laws, makes & breaks gov, + debates importaant issues on concern to nation

it is sovereign + foundation of Aus rep democracy

Question 21

commonwealth parliamen t parts

Answer 21

the crown- monarch

HOR- lower house

the senate- upper house

Question 22

federal executive council (EXCO)

Answer 22

council of ministers advising the GG

another institution of constitutional monarchy of Aus

link between formal exec (the crown) + parliamentary exec (Cabinet)

Question 23

Head of State

Answer 23

person who represents a country or state at the highest level

for aus that would be monarch/GG
= King charles III/ david hurley

Constitution does not contain words “head of state”
–> GG that does duties associated w/ role

Question 24

Govenor General

Answer 24

Represents monarch of Aus

excersises exec pwr of the commonwealth- formally vested by king

posseses express, formal + reserve pwrs

Question 25

Constitutional executive

Answer 25

formal part of exec created by chapter 2 constitution includes constitutionsl monarch + Aus rep- GG should be above politcs + does not excersise real pwr except in expeptional circumstances when parliamentary gov cannot function -e.g. if election resulted in hung parliament whih was unable to form a gov, GG may csll for second election w/o advie from PM

Question 26

Political executive

Answer 26

cabinet may be regarded as political/real executive --> weilds genuine power has democratic legitimacy, smth constitutional exec lacks not above politics--> rather immersed in battle of politics + ideas weirds real pwr via conventions of repsonsible gov

Question 27

Administrative executive

Answer 27

also known as public service agenies carry out the administrations of the laws employees become highly trained w/in area of specialty e.g. organisations involved in development of public policy- Australian Law Reform Commission + Climate Change Authority

Question 28

Administrative executive characteristics

Answer 28

- apolitical- politically neutral + will serve any elected gov expert- may develop skills + expertise over an entire career many positions are permanent- do not automatically lose their jobs when a gov is voted out of office- provides security + removes fear from ministers who may disagree w/ thei advice organised as bureaucracy: - comprised of departments + agencies - different levels - each job/role has specific duties

Question 29

Head of Government

Answer 29

Aus= Albo general term of gov = head of gov highest ranking exec branch Wa = Roger Cook

Question 30

Prime Minister

Answer 30

Albo head of federal exec (gov) leader of majority in HOR no meantion in constitution discusses policies + examines bills – proposals for new laws. selects members of gov to be ministers leads Cabinet in deciding govt policy being the lead govspokesperso

Question 31

Cabinet

Answer 31

committee of exec primprised of PM + senior ministers governed entirely by conventions + has no legal or constitutional authoritty most powerful institution in system of gov not grounded in constitutional law- governed by unwritten Westminister conventions of responsible gov

Question 32

Conventions

Answer 32

1. 1990’s constitutional conventions, meetings to discuss federation 2. Westminster conventions- unwritten rule abt an institution +/or process abt how gov works in practice custom + practice acquired legitimacy over time, now considered a ‘rule’ w/ weak means of enforcement

Question 33

Westminister conventions

Answer 33

1. party wins majority lower house, forms gov 2. prime minister must sit in the lower house 3. individual ministers are responsible for their personal probity + they are (debatably) responsible for actions of their department (peter garrett- env home insulators —> GFC) (breach should lead to resignation from cabinet) split cabinet- prior + other ministry 6. the public service must be neutral, enact gov policy + provide ‘frank + fearless’ advice (robodebt)

Question 34

Homegrown conventions

Answer 34

1. the governor general must act on advice of PM (limits their constitutional power leg + exec) —> writes for elections Royal Asset bills appointing judges 2. senate may suggest budget amendments (constitution only HOR initiate budget bill

Question 35

responsible government idk :)

Answer 35

parliamentarians have role of questioning + scrutinising the gov every sitting day of parlmnt between elections executive is directly frawn from, + accountable to, the parlmnt the formation of the exec w/in the parlmnt + its constant accountability to the parlmnt idk

Question 36

Westminister chain of accountability

Answer 36

begins with the Parliament being accountable to the people at election time, the Cabinet being accountable to the Parliament, the Public Service and its departments being overseen by and accountable to the Cabinet.

Question 37

Individual Ministerial Responsibility IMR

Answer 37

if a minister is incompetent in managing their portfolio responsibilities or is may hold them accountable thru convention of censure the minister is responsible to parliament

Question 38

cabinet secrecy

Answer 38

westminister convention requires the deliberations + discussions of Cabinet to be confidential allows cabinet to reach single position + present itself as united gov (cabinet solidarity) enables the exec to address issues facing nation, debate policy, deal w/ crisises, allocate resources thru budget & plan political strategy

Question 39

Collective miniteral responsibility CMR

Answer 39

westminister convention entire exec gov may be held to account by HOR--> part of parlmnt's 'responsibility function'

Question 40

cabinet solidarity

Answer 40

westminister convention once cabinet reaches decision, convension of baninet requires every member to agree including those who argued against ministers are allowed to disagree within cabinet but publically have to support it

Question 41

exclusive powers

Answer 41

powers grant by the Constitution to the commonwealth parliament alone may have legislative or finantial powers e.g. section 52- grants pwr 'to make laws for the peace, order + good gov of the commonwealth w/ respect to...'

Question 42

concurrent powers

Answer 42

power granted by the constitution + state parlmnt. shared powers section 109- inavidates state laws that conflict w/ commonwealth laws, to the extent of the inconsistancy

Question 43

residual powers

Answer 43

all gov powers not specified or enumerated in the constitution exersied by the states e.g. urban planning and civil law

Question 44

High court

Answer 44

High court of Aus- highest court of Aus section 71- vests judicial pw of the commonwealth in the high court + other federal courts in parliament may create has origional juristiction over interpretation of constitution + has been major agent of constitution change since federation apex of court heirarchy

Question 45

court heirarchy

Answer 45

ranked order of courts each level has origional juristictions granted by various judiciary acts/ constitution (if high court) essention for distribution of work load of courts, for specialisation of courts, for appeals process to work + dectrine of precedent to operate

Question 46

geographical juristiction

Answer 46

the area over which its authority extends. in Aus, refers to part of country (state/territory) in whcih court has authority

Question 47

Legal jurisdiction

Answer 47

the areas of law over which it has authority to hear and decide cases some court (e.g. supreme + district courts of WA) have general juristiction + can hear criminal, civil + administrative law cases

Question 48

*Cooperative federalism

Answer 48

equal or separate but equal flexible relationship between the federal and state governments in which both work together on a variety of issues and programs. uniform tax federal gov income tax 1942

Question 49

*confederation federalism

Answer 49

weak central strong states

Question 50

*Coercive federalism

Answer 50

one level stronger than the other problem: Vertical fiscal imbalance Solution: 1. Commonwealth Grants Commission- GST try to achieve HFE- balance living standards + services around australia 2. tied grants s96- money transfers to the states * w/ conditions