Section 1
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rule of law
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Last updated
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Date created
Mar 1, 2020
Cards (71)
Section 1
(50 cards)
rule of law
law is supreme. All citizens are equal in the eyes of the law. No one is above the law
knowing the law
person ought to be able to figure out what the law is, either on their own or with help from a lawyer
define representative democracy
officials elected to represent the citizens. people make decisions on behalf of general population. for larger countries
how is australia a representative democracy
we have representatives of our state and political parties pushing their beliefs and values they think shape some of our nation, and people choose the political parties and vote for them.
what are checks
mechanisms which allow each arm of government to review or override the actions of the other 2 arms
features of a democracy
elected representatives, free and fair elections, civil liberties, organised opposition party, rule of law and independent judiciary
how is an independent judiciary practiced in Australia
Australia's judiciary (courts), are separated, so the government or other groups don't control decisions made so the judges in the courts are fair and are unbiased.
what are balances
power is balanced between the three arms of gov, so checks can operate
define constitution
the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
organised opposition party
in parliament, political party with majority votes in election forms government, and the party that lost the election forms opposition. Opposition works to criticise wrong policies made by gov., and forces them to make laws for the welfare of the people
define the rule of law
an overarching principle which ensures that Australians are governed by laws which their elected representative make and which reflect the rule of law. It requires all laws are administered justly and fairly
disadvantages of democracy
government decisions reached very slowly, people have to vote in order to keep democratic values and representatives may not share same POV.
how are organised opposition parties practiced in Australia?
We have the government then we have the opposition party, who challenge the decisions the government makes, ensuring that it is best for the people.
how are civil liberties practiced in Australia
Citizens have every right to speak freely, express and inform their views. This means they can form political parties. As Australia is a democracy, all people have the basic human right, and it's only when they break a law is when the government comes in.
why is the separation of power doctrine is an important feature of a democracy
it prevents the abuse of power, so no one branch can control the whole government. It's because of the checks and balances that they are able to support each other.
equality before the law
laws should apply to all people equally regardless of their status in society. EG: Marcus Einfed
how are free fair and regular elections practiced in Australia
Citizens are allowed to vote for whoever political party they think without fear of persecution as it is a secret ballot. It's regular because it's every 3 years, so citizens can directly input in the makeup of parliament.
free and fair elections
Elections should be free and fair and must be held at regular intervals. Citizens who've reached a certain age are allowed to contest elections.
what is the role of the high court in the separation of powers
independent and impartial decision making body. Power to overrule decisions of lower courts and declare laws invalid
how are elected representatives practiced in Australia
Citizens are able to vote for the elected representatives, and there is a vigorous procedure to be able to put your name up to be a representative.
elected representatives
representatives elected by the people make the laws and frame policies of the government
Use of correct political terminologies to describe Australian system of government
a constitutional monarchy. Australia is an independent nation that has it's own constitution, but is still shares the monarchy with the UK.
presumption of innocence
ensures individuals are punished only when found guilty by a court. Lloyd Rayney
access to justice
legal institutions like courts and tribunals exist to provide solutions to legal problems
How does Australia enforce features of a democracy in its system of government?
free, fair and regular elections, elected representatives, organised opposition party, independent judiciary, civil liberties, rule of law
role of legislature
includes the house of representatives, and senate. Though there isn't a true separation between legislature and executive, as the PM, GG and Cabinet are also members of parliament. It's where they draft, debate and vote on new laws and make amendments to existing ones
how does the legislature act as a check on the power of the courts
it can pass laws which override the decisions of the courts. Laws shouldn't be retrospective - legislature cannot reverse the decision of a court, only change the law from the time it's proclaimed
rule of law: rationality
Laws need to be rational. It is against the rule of law to create a law that cannot be followed.
independent judiciary (the court of laws)
Judiciary must be free from any control of the government or other groups. Judges must be honest, impartial and should deliver justice
rights of the accused and victims
rights essential ensuring fair trials. right to silence, privilege against self-incrimination, opportunity to see and questions evidence that's brought against them. EG: Lloyd Rayney - accused of murder before trial
define direct democracy
every citizen votes on governmental issues. began in athens, and for smaller countries
separation of powers
describes the way in which the law gives power to the arms of government in Australia. It ensures the government remains fair and accountable by creating checks and balances on the use of power.
characteristics of rule of law
fairness, rationality, consistency, presumption of innocence, freedom of speech
rule of law: fairness
it is fair that in our legal system the law applies to everyone, government, and citizen. EG: Marcus Einfed, a court judge didn't pay his parking ticket and was forced to face justice.
advantages of democracy
people's voices are heard (can disagree with gov), separation of church and state, citizens granted rights that can't be taken away
rule of law: consistency
not only does the law apply to everyone, it applies to everyone in the same way, thus cases with similar facts are likely to have similar outcomes. EG: if 2 people do the same crime, they should receive similar sentences
civil liberties
Citizens enjoy freedom of speech, expression, and information. Citizens have the right to form, join or quit an association. Have the right to form a political party
role of executive
- administers the legislation passed by parliament GG - ultimate power over Commonwealth of Aus. Gives royal assent to laws passed by Legislature and can dismiss PM in extreme cases. FEDERAL EXECUTIVE COUNCIL - members of legislature appointed as Ministers to FEC. Power to implement laws passed by party and are in charge of gov. SHADOW CABINET - questions actions of executive in parliament
role of judiciary
it includes the courts - high, federal, state and judges. Makes judgements on laws, and is responsible for settling disputes and enforcing the law
independence of the judiciary
separation of powers: 3 arms, parliament, executive, judiciary. Allows there to be checks on the use of powers. EG: if parliament tried to pass unfair law, the judiciary can overrule, based on the constitution.
rights to assemble
The right to gather publicly or privately, and collectively express, promote, pursue, and defend common interests.
how Separation of Powers applies to the Australian Constitution
All the roles of each arm of government in the separation of powers is stated in the Constitution
freedom of speech
people can speak freely about problems with the law. Individuals must be able to do this without fear or persecution.
checks and balances on the use of power
ensures both government and individuals act according to the law. separation of powers: required gov. to act as checks on each other's power. EG: gov. and opposition question decisions made
name the 2 types of democracy
direct and representative
judiciary and legislature relationship
judiciary can declare legislation unconstitutional and legislature can remove a judge for misconduct
how is the rule of law practiced in Australia
In Australia, no one is above the law. The government and citizens all have to abide by the law, not even the judges are above the law.
how does judiciary act as check on the power of legislature and executive
can strike down laws made by legislature and declare actions of the executive unlawful. Provides legal process in courts for individuals to challenge decisions of the government
judiciary and executive relationship
judiciary can declare actions of the executive unlawful and executive appoints justices of the high court
define democracy
a government run by the citizens, or people legally living there. for the people, by the people.
Section 2
(21 cards)