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The People and the Law-Makers Flashcards

Key Terms (59 cards)

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1
Q

bill

A

a proposed law that’s been presented to parliament to become a law.

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2
Q

coalition

A

an alliance or joining together of two or more political parties, usually to form government

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3
Q

Commonwealth Parliament

A
  • legislative body of the federal level of government
  • consists of; the Senate, the House of Representatives, and the Monarch (represente dby the Governor-General)
  • combines elements of the UK parliament and the US Congress
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4
Q

bicameral parliament

A

a parliament w/ two houses (also called chambers).
- Commonwealth: Senate (upper) and House of Representatives (lower)
- Victoria: Legislative Council (upper) and Legislative Assembly (lower)

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5
Q

Governor-General

A

the King’s representative at the Commonwealth level

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6
Q

Senate

A

the upper house of the Commonwealth Parliament

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7
Q

House of Representatives

A

the lower house of the Commonwealth Parliament

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8
Q

royal assent

A

the formal signing & approval of a bill by the Governor-General (Commonwealth level) or the the Governor (state level)
- after which the bill becomes a statute/legislation/an Act of Parliament

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9
Q

Victorian Parliament

A
  • bicameral legislature of Victoria
  • consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council.
  • follows a Westminster-derived parliamentary system
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10
Q

Legislative Council

A

the upper house of the Victorian Parliament

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11
Q

Legislative Assembly

A

the lower house of the Victorian Parliament

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12
Q

Governor

A

the King’s representative at the state level

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13
Q

residual powers

A

were not given to the Commonwealth Parliament under the Aus Const- and therefore remain soley with the states

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14
Q

exclusive powers

A

in const- only the commonwealth parliament can excercise

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15
Q

concurrent powers

A

in const- may be excercised by both the Commwealth & the states

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16
Q

section 109

A

When there is concurrent powers, and the state and Commonwealth laws are inconsistent, the Commonwealth law takes precedant over the state law to the extent of the inconsistencies.

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17
Q

rubber stamp upper house

A

when ipper house automatically approves decisions made in lower house b/c the govt holds a majority of seats in both houses and members of the govt generally vote along party lines

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18
Q

hostile upper house

A

a situation where the govt doesn’t hold a majority of seats in the upper house and relies on the support of the opposition or crossbenchers to have their bills passed

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19
Q

international pressures

A

demands made on parliaments, from within Australia or beyond, to make (or not make) laws that adress matters of international concern

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20
Q

external affairs power

A

section 51 (xxix)
Siginicance: Let’s the federal government handle global issues and can affect
areas usually managed by states if it is linked to international
matters. (eg. to fufill international treaties)

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21
Q

section 71 and 76

A

71: provides high court w/ jurisdiction to hear certain matters, including matters arising under treaties, when the commonwelath parliament is a party, and disputes b/w states

76: gives high court power to hear disputes arising under the constitution or involving its interpretation .

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22
Q

section 7
and
section 24

A

7: Senate must be composed of senators for each state “directly chosen by the people” of the state

24: House of Reps must be composed of members “directly chosen by the people” of the commonwealth

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23
Q

Australian Constitution

A

set of rules/principles that guife the way Australia is governed. (Commonwealth of Australia Constitution Act)

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24
Q

common law

Study These Flashcards
A

made by judges through decisions made in cases

25
constitutional monarchy
system of govt. in which a monarch is the head of state and a contitution sets out the powers of parliament
26
Federation
the union of sovereign states that gave up some of their powers to a central authority to form Australia
27
government
- the ruling authority w/ power to govern - formed by the political party or coalition that holds the majority in the lower house in each parliament. - members of parliament who belong to this party form the govt.
28
High Court
- ultimate court of appeal - authority to hear & determine disputes arising under the Const
29
judiciary
legal term - describes judges as a group and the courts as an institution (one of the 3 branches of govt.)
30
law reform
process of constantly updating and changing the law so it remains relevant & effective
31
legislature
legal term- describes body having the primary power to make law (parliament)
32
parliament
formal assembly of representatives of the people that is elected by the people & gathers to make laws
33
representative democracy
system of govt. where all eligible citizens vote to elect people who will rep them in parliament, make laws and govern on their behalf
34
responsible government
legal principle- requires govt. to be answerable to elected reps of the people for it's actions - reuires govt. to maintain the confidence of the majority of the lower house
35
rule of law
principle- everyone in society is bound by law and must obey the law -laws should be fair and clear, so people are willing to obey them
36
seperation of powers
- doctrine established by the Australian Constitution - ensures the 3 powers of our parliamentary system remain seperate (executive, legislative, judicial)
37
statute/legislation
a law made by parliament - a bill that has passed through parliament and has received royal assent - also known as an Act of Parliament
38
statuatory interpretation
process where judges give meaning to the words or phrases in legislation, so it can be applied to resolve the case before them
39
legislative power
the power to make laws, which resides with the parliament
40
judicial power
the power given to courts and tribunals to enforce the law and settle disputes
41
executive power
the power to administer the laws and manage the buisness of government - vested in the Governor-General as the King's representative
42
ultra vires
Latin term- 'beyond the powers' - a law made beyond the powers of the parliament
43
Westminster system
a parliamentary system of govt. that developed in Britain- Aus system is modelled off
44
constitution
set of rules and principles that guide the way a country/state is run. Some have formal written, some have unwritten
45
referendum
- how the wording of the Aus Const is changed - requires a proposal to be approved by the Australian people in a public vote by a double majority
46
minister
a MoP who is a member of the party in government & is in charge of a particular area of govt. (eg. education)
47
opposition
political party that holds the second largest number of seats (after govt) in the lower house. - questions the govt about policy matters & is responsible for holding the govt accountable
48
Cabinet
the group of senior ministers in a govt made up of the Prime Minister (or Premier at state level) and senior govt ministers who are in charge of a range of portfolios. - decides which bills or legislation should be introduced into parliament
49
private member's bill
a bill introduced into parliament by a MoP who is not a government minister
50
hung parliament
when neither major political party wins a majority of seats in the lower house of parliament after an election
51
money bill
a proposed law (bill) that imposes taxes and collects revenue- also known as an appropriation bill
52
election
process used where eligible people vote to choose a person to hold a position in a body or organisation (eg. a member of a house of parliament)
53
committee system
system used by federal, state and territory parliaments that involves use of seperate working parties to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform
54
independants
individuals who stand as candidates in an election or are elected to parliament but do not belong to a party
55
balance of power (b/w political parties)
no single party has a majority of seats in one or both houses of parliament so the power to reject or approve bills is held by a small number of people (eg. members of minor parties and independant members
56
crossbenchers
MoP who aren't members of either govt. or opposition. -They are named after the set of seats for them in parliament called the 'crossbench'
57
international treaty
a legally binding agreement b/w countries or intergovernmental organisations - in which they undertake to follow the obligations set out in the agreement and include them in their own local laws
58
express rights
rights that are stated in the Australian Const. - Entrenched, meaning they can only be changed by referendum
59
implied rights
rights that are not expressly stated in the Austrlian Const. But are considered to exist through interpretation by the high court

Legal Studies (3 decks)

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