Flashcards in Unit 3 AOS 1 Deck (30):
What is the of the separation of powers?
A principle of the Australian parliamentary system which splits the governing powers into three separate sectors ensure no single body has "absolute power" over the legal system.
What are the sectors of the separation of powers?
What is the Executive in the separation of powers and what is their role?
The Executive is made up of the governor/governor general and senior ministers
Their role is to administer law and manage the "business of government"
What is the Judiciary in the separation of powers and what is their role?
The Judiciary is made up of the courts and tribunuals
It's role is to enforce law and settle disputes
What is the Legislative in the separation of powers and what is their role?
The Legislative is made up of the Parliament, bc the government controls the lower house they control what is introduce
It's role is to make laws
What is meant by representative government?
Representative government refers to the fact that the government should represent the views of the majority in society. Members of parliament are voted in by their electorate and should, therefore, speak on their behalf.
Regular elections maintain this principal for if a government is not representing the values of the majority of the time they will not be re-elected.
What is responsible meant by government?
The principle of responsible government refers to the fact that the government must be answerable to the public. Each minister in government has a responsibility for managing their specific portfolio and a general responsibility to act with integrity and not exploit their power. Not upholding this principle may not doing so may lead to dismissal or not being re-elected and may tarnishing the government's reputation
What is one contemporary example of responsible government?
(Feb 2017). Speaker of the house of the Victorian parliament revoked of their position after claiming taxpayers money for false travel expenses
What does the term 'bi-cameral' refer to?
This refers to the structure of parliament which gives it two sectors called houses.
How many members in the lower house of the federal parliament?
House of reps = 150 members
1 for each electorate
How many members in the upper house of the federal parliament?
Senate= 76 members
12 for each 6 states and two for NT and ACT
What are the upper and lower houses of the federal government?
The Lower house called the House of Representatives in the federal parliament and the upper house called the Senate.
What are the upper and lower houses of the state government?
The Lower house called the Legislative assembly in the state and the upper house is called the Legislative council.
How many members in the lower house of the state parliament?
88 members from electoral divisions
How many members in the upper house of the state parliament?
40 members elected by proportional representation
5 members from each of the 8 electoral regions.
What is the main role of the house of representatives?
Members of the leading party who are not the PM are called ministers (called cabinet as a collective), each minister holds a different responsibility for one area of parliament (eg. Health, Transport, Immigration ect.)
The main role of the ministers to introduce legislation in their area
What is the main role of the Senate?
It is the main responsibility of members of the senate to be a house of review. Its senators are experienced legislators oversee the proposabls of ministers in H/O/R.
Senators have the ability to reject or amend legislation which seems to be too radical or could upset social order and because they represent
What is the main role of the legislative assembly?
Members of the leading party who are not the premier become ministers
Each minister holds a different responsibility over one area of parliament eg. Health, Transport, ect.
Most legislation originates from the assembly
What is the main role of the legislative council?
Minor parties can be represented due to proportional representation
The L/C can refuse,delay or amend bills from L/A
Unlike the senate they do not have power to refuse to pass bills relating to money/budget form L/A
Meetings are chaired by the ‘president of the Legislative council’
Explain four reasons why laws may need to change?
Technology, Changing social values, Protection of the society and Economic/Political changes in society
Why does Technology require laws to change? give one example.
Laws must be fluid in their ability to adapt to current technological advancements.The ever-expanding technological empire means laws must be adapted, abolished or created to keep their relevance and effectiveness in face of the technology of the era.
An example of where new legislation was required to keep up with technological changes was seen in the recent legislation in regards to Uber. Since the drive service apps introduction in 2016 laws pertaining to taxi licences have no longer been effective as they did not consider non-conventional taxi services like uber.
Why do changing social values require laws to change? give one example.
Effective laws have the ability to reflect the values of the society which they govern. As the values and attitudes of a society may change at any moment law's be able to adapt to these changes so they are supported and followed by society members
An example of a law which may be changed due to social values is same-sex marriage. The recently introduced plebiscite of 2017 presents an attempt for governing bodies to gauge societies view on a topic before legislating on it, demonstrating the importance of the social values of the majority.
Why does the protection of the society require laws to change? give one example.
If a new threat arises, a current threat intensifies or a change occurs which threatens the safety of society laws must change to overcome the threat and restore peace and safety in the community.
An example of this could be seen in the change in Parole laws in 2014. This occurred in response to the tragic rape and murder of Jill Meagher by a man on parole which prompted discussion of how parole laws need to be strengthened to protect society from such crimes
Why do Economic/Political changes in society require laws to change? give one example. (no example)
Laws need to reflect the social, political and economic values of society in order to be effective, as these views are constantly developing so too should the law be fluid
What are three ways in which individuals or groups influence legislative change?
-Demonstrations: in which groups of people unite to present their view through means such as Protests, Marches and Strikes.These actions aim to make a statement, spread their message and capture the attention of the parliament
-Petitions: statements outlining a particular matter which a body would like parliament to act on. They aim to have as many other community members to sign their name, as a symbol of their support before presenting it local member of parliament
-Use of media: The presentation of carefully chosen words and images that aim to persuade a group of people.This can include more traditional forms of media such as Letters to the editor and Editorials in newspapers or more modern media such as Television ads, Social media or sites like change.org
Strengths and weaknesses of demonstrations
-An open public movement which anybody can join
-If large it enough can grab the attention of parliament as a peaceful and lawful way to expression of desire for change
-If not a large enough group the cause will not be heard by parliament
-If people in the demonstration become unruly, violent or begin to riot the cause will be ignored.
Strengths and weaknesses of petitions
-The most direct way to get an issue into parliament as it is the most formal and logical expression of ideas
-If a substantial amount of people have signed, parliament, as a representative government of those people, will be more likely to consider it
-If the petition is not very popular it will not be as seriously considered
-Once a petition has lodged there is no more interaction and the petitioner only heard back if parliament decides to give a response
-Time-consuming process for both the petitioner
Strengths and weaknesses of use of media
-Accessible to all: anybody can access and add to the information
Easiest, most cost and time effective way to send a message to parliament
Online medias allow messages to become widespread and viewed by more people.
-Not always taken seriously
-Although they are viewed widely that does not necessarily mean the right people (politicians and other leaders) can see them.
What is the VLRC? Explain it's role in changing the law
The Victorian Law reform commission is an independent (but government funded) organisation which develops, reviews and recommends reform of Victoria's state laws.The commission has the charter to consult with the community and advise the Attorney-General on how to improve and update the Victorian law. It is, therefore, an indirect way of obtaining a change in the law through a time-consuming process of extensive research and broad consultation.