Test 3 - Civics Multiple Choice and Short Answer Flashcards

(31 cards)

1
Q

Contitutional Monarchy

A
  • Consists of a written and unwritten constitution.
  • The written constitution defines the structure of our legislature, executive, and judiciary in a legal document in writing.
  • The unwritten constitution is not codified as a document and is defined by custom and precedent as embodied in statutes and judicial decisions.
  • The monarch (king or queen) is Head of State.
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2
Q

Separation of Powers

A
  • Legislature
  • Executive
  • Judiciary
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3
Q

Executive

A
  1. Implements the law and manages government.
  2. Consists of the Governor General, Prime Minister, Cabinet, and State Ministers
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4
Q

Legislative

A
  1. Making law, amending acts, creating statue law.
  2. Made up of HoR (151 seats), and Senate (76 seats).
  3. Ministers are considered part of this section to, as they contribute to the decisions in making the law.
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5
Q

Judiciary

A
  1. Interpret law and settle disputes using the law.
  2. Creates common law.
  3. Has different levels (Magistrates, District, Supreme)
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6
Q

Federalism

A
  • The suffix ‘ism’ means an ideology.
  • Federalism in Australia is a system of Government what divides lawmaking powers between two or more levels of government; one national, and another regional (called states).
  • Each level of government has a degree of autonomy (self-rule) that gives it powers to make laws in certain areas.
  • In Australia, the constitution details the legislative and financial powers of both each level of government (not local).
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7
Q

Advantages of a Federal System

A
  1. Divided and limits lawmaking power, protecting citizens and entities
  2. Increases scrutiny of government action, reducing corruption and absolute power
  3. Greater representation of citizens
  4. Allow for policies and laws to meet local preferences.
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8
Q

Disadvantages of a Federal System

A
  1. Duplication and inefficiency both the federal and state governments manage education, health and transport, leading to overlap and bureaucratic delays.
  2. Inconsistencies between states, causing confusion and inconvenience.
  3. Disparities in in funding and services. Some states may generate more revenue than others through mining or income tax even through GST revenue is distributed nationally.
  4. Power struggle between state and federal governments.
  5. The three levels of government lead to a high cost for maintain and administrate those aspects to a high standard.
  6. National crises lead to challenges in cooperation between state and federal government. Response from the government during bushfires, floods, and epidemics is limited by the coordination between different levels of government.
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9
Q

Representative Parliamentarian

A
  • Representative parliament means that in our Australian Parliament, us as citizens choose representatives to make decisions on our behalf.
  • It is a parliament that is elected by the people and acts on behalf of the people.
  • Citizens will choose a representative that aligns best with their beliefs and values.
  • Represents the views of the majority
  • Sections 7 and 24 states that the ‘Senate and HoR are to be chosen directly by the people’
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10
Q

Responsible Government

A
  • The government has two responsibilities to voters.
  • That they are accountable to people during elections;
  • And that they are accountable to parliament during question time.
  • Ministers and members of parliament can be called upon to explain their actions in parliament
  • There is public scrutiny of the law-making progress
  • Ministers must resign if they do not carry out their role with integrity
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11
Q

Political Representation

A
  • Political representation means that representatives of electorates (HoR) and States/Territories (Senate) are chosen by the people.
  • People should be represented according to their gender, race, values, or political party ideology.
  • Political representation is how well people are represented by government.
  • We have voting which means that the majority is represented, upholding this principle.
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12
Q

Popular Participation

A
  • The ability for citizens to participate in the political process.
  • Voting in an election, run for a seat in parliament, or influence law by joining interest group or union.
  • Political dissent means having the right to disagree with the policy made by the government.
  • Australia also has compulsory voting due to fines issued if you do not vote. You can also early vote or postal vote.
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13
Q

Accountable Government

A
  • Public and parliamentary scrutiny of the executive
  • Independent auditing authorities
  • Freedom of government information to citizens
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14
Q

Rights and Freedoms

A
  • People have the right to freedom from government interference
  • Right to silence, to vote, to a fair trial
  • Freedom of speech, of movement, of religion, of association
  • ESSENTIAL to a liberal democracy (freedoms for people)
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15
Q

Rule of Law

A
  • The Rule of Law states that no one is above the law and that everyone is treated equally before the law.
  • Natural Justice is the idea that without bias, a fair and just outcome can be achieved.
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16
Q

Just and Equitable Legal Systems

A
  • The right to a fair trial is made up of these components:
    1. Presumption of innocence
    2. Impartial adjudication
    3. Rules of evidence
    4. Rules of procedure (each party has equal opportunity to express their thoughts, question, and cross-examine).
    5. Burden and standard of proof.
17
Q

Judicial Independence

A
  • A judiciary that is separate from the other two arms of government (executive and legislature)
  • Judges can make decisions without government interference.
  • Separation of Powers allows for this and therefore the other sections can keep each other in check.
  • Courts are there to decide matters
18
Q

AUS vs IDN
Origins and Constitution

A

Established in 1901 as a federation after uniting 6 colonies
Can only be amended by a referendum
A federal system of government, constitutional monarchy under the Crown
Influenced by British parliamentary traditions, Westminster system, and Swiss Government.

Established in 1945 when they gained their independence
After years of colonial rule
Adopted unitary system of government, strong presidential system
Was influenced by the Dutch, Islamic Religion, and indigenous culture

19
Q

AUS vs IDN
Legislature

A

Name: Parliament (Senate and HoR)
Structure: Bicameral (151 in HoR, 76 in Senate)
HoR: Initiates and passes law
Senate: Amends and reviews law, represents state interests

Name: People’s Representative Council (DPR), Regional Representative Council (DPD)
Structure: Bicameral (580 in DPR, 152 in DPD representing provinces)
DPR: Drafts and passes laws and budget, oversees executive
DPD: Provides input on regional issues, little legislative power.

20
Q

AUS vs IDN
Executive

A

Head of State: Monarch (king or queen represented by GG)
Head of Government: PM (leader of majority political party in HoR)
PM: Leads the government, sets policy agenda, advises GG
Cabinet: Develops and implements policies

Head of State and Government: President (elected by the people)
Structure: Presidential system with cabinet appointed by president
President: chief executive, sets government policy, represents Indonesia internationally
Cabinet: Develops and manages government

21
Q

AUS vs IDN
Judiciary

A

High court: Highest court for constitutional and federal matters
Federal Court
State/territory courts
Interprets constitution
Resolves disputes between States and the federal government

Supreme court: Highest court (civil and criminal)
Constitutional court: reviews law and resolves electoral disputes
Roles: upholds rule of law, interprets constitution, ensures independence from other two arms.

22
Q

Upheld and Undermined
Political Representation

A

Regular elections

Elite dominance, political dynasties

23
Q

Upheld and Undermined
Independent Judiciary

A

Constitutional court rulings

Corrupt judges, political pressure

24
Q

Upheld or Undermined
Popular Participation

A

Mass protests, civil activity

Arrests of activists, intimidation

25
Upheld or Undermined Rule of Law
Legal system with checks and appeals, constitutional oversight Unequal access, corruption in enforcement
26
Upheld or Undermined Accountable Government
KPK arresting officials 2019 law weakening the KPK
27
Upheld or Undermined Rights and Freedoms
Constitutional protection of speech, religion and association These rights may be restricted for minority populations.
28
Constitutional Conventions; PM & Cabinet, GG to act on the advice of ministers:
GG – Acts as the monarch’s representative. The GG role is more symbolic, since the GG acts on behalf of the PM, swears in ministers on the advice of the PM, and signs bills passed by the Legislature. PM – The PM is the leader of the majority party in the HoR. We vote for the party. The party votes for a PM. Cabinet – The group of most senior Ministers that control important government departments. The cabinet is the most powerful political body. They are part of the executive branch of government.
29
Lawmaking Powers
Exclusive Powers – Powers that are only exercised by the federal government. Such as coinage and defence. Concurrent Powers – Powers that can be exercised by both the state and federal governments. Such as marriage and education. Residual Powers – Powers that are not specifically listed in the constitution and therefore reside with the state. Such as criminal law, healthcare.
30
Changing to Constitution
1. Refer to section 128 of the constitution, which has the only way to formally alter the wording of the constitution. 2. The only way is by referendum. 3. The proposal (as a normal bill) must be passed by both houses. 4. It must be put to the people no less than 2 months and no more than 6 months. It must warrant a yes or no outcome. 5. Requires a majority of voters overall and a majority of electors in a majority of the states (territories do not count).
31
Example of a Successful Change
One example of a successful change of the referendum is the 1977 change in referendum voting. It allowed there to be electors from the territories to vote and have their vote count towards the national majority. It was 77.72% in favour.