Unit 1 Flashcards

(27 cards)

1
Q

What is a private members bill?

A

a bill introduced by a non- government representative

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2
Q

What is a conscience vote?

A

a type of voting where parliamentary members are given the right to use their judgement on a matter before parliament.

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3
Q

What is natural justice?

A

a principle of justice incorporating the rule against bias and the right to a fair hearing

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4
Q

What is the rule of law?

A

a principle saying that everybody is subject to the law

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5
Q

What is Stare Decisis?

A

Latin for ‘to stand by what is decided’

The principle upon which the doctrine of precedent relies on.

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6
Q

What is common law?

A

Judge made law.
Made by judges when deciding cases.
Inferior to statute law.

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7
Q

What is statute law?

A

Law made by parliaments.

Statute law is superior to common law.

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8
Q

What is the separation of powers?

A

Legislative- creates the law
Executive- implements the law
Judiciary- uphold the laws and interpret the constitution
All are independent and act as a check and balance on each other.

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9
Q

Explain why we have a court hierarchy?

A

Doctrine of precedent.
Appeals to higher courts.
Cases are assigned to appropriate cases.
Courts develop areas of expertise.

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10
Q

What does the term due process mean?

A

None shall be condemned without due process of law

None shall be put to answer without due process of law.

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11
Q

What are the rules of evidence?

A
Relevance 
Hearsay
Opinion 
Circumstantial evidence 
Character
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12
Q

What is the division of powers?

A
  1. Federal
  2. State
  3. Local
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13
Q

What is Federalism?

A

a system of government in which sovereignty is geographically divided between one central and two or more regional governments.

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14
Q

What is a Liberal Democracy?

A

a system of government which is based on both popular sovereignty, the respect and protection of rights.

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15
Q

What are the Liberal Democratic principles?

A
  1. Majority rules
  2. Equality of political rights
  3. Political freedom
  4. Political participation
  5. Rule of law
  6. Separation of powers
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16
Q

What is meant by the term Non- Democratic?

A

governments that are not in theory and/ or in practice of not fulfilling the criteria of being democratic.

17
Q

What is meant by the term Good Government?

A
  1. Limiting Government- separation of powers, sovereignty, citizenship and the rule of law.
  2. Checking Government- formal processes exist making government accountable to the people.
  3. Voice of the People- representative democracy, voting rights and a democratic society.
18
Q

What are the Governor General’s roles?

A

Dissolve parliament
Make proclamations
Determine sitting times
Pirogue parliament

19
Q

What is Political Participation?

A

Protests
Voting
Running as a candidate
Working in a polling station

20
Q

What is Equality of Political Rights?

A

Right to vote- Section 7
Religious freedom- Section 116
Compulsory voting
Secret ballot

21
Q

In what way does our government protect our rights?

A

Police force
Agencies
Constitution

22
Q

What is political freedom?

A

Freedom of political communication
Freedom to vote without fear of repercussions
Freedom to run for parliament

23
Q

What is meant by the term Majority Rules

A

Laws are passed by a majority vote.
To form government a majority is needed in the house of representatives.
Referendum must be a majority vote.

24
Q

What is a Representative Democracy?

A

the people remain sovereign but are represented in government by elected members.

25
What are the 5 features of a Modern Democracy?
The right to freely express opinions The right to a diverse and uncensored media The right to express political views The right to be free from prosecution The right to be protected by the rule of law
26
How is the rule of law upheld?
``` Right to a free trial Right to silence Right to a lawyer- Legal aid Equality before the law Right to die process ```
27
How do judges eliminate bias?
Use rules of interpretation | Use maxims