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56 Cards in this Set
- Front
- Back
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What are key features of a liberal democratic system? |
Separation of powers, federal division of powers, rule of law, the constitution, the high court, responsible government and elections |
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What are other kinds of political/legal systems around the world? |
Military-backed governments, totalitarian, absolute monarchies, theocracies and communist states |
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What makes Australia different from other countries? |
Not complete separation of powers, compulsory voting and no bill of rights |
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Define liberal democracy. |
Balance liberal and democratic values including individual rights against collective wellbeing. The gov represents the people however needs to be limits |
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What is a consensus system? |
Minor parties are forced to negotiate to maintain power, multiple parties share power in loose coalition, less reliable/stable, more diverse |
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What is a direct democracy? |
Citizens vote on every policy individually rather than have an elected member represent them |
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What is pluralism? |
Two or more systems of states, groups, principles or sources of authority co-existing, members of minority groups are able to retain cultural traditions |
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What are positive features of a liberal democracy? |
Responsible government, rule of law, separation of powers, federal division of powers |
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What are negative features of a liberal democracy? |
Compulsory powers and anti-terrorism laws |
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What are two features of the Australian system inconsistent with a liberal democracy? |
Separation of powers and compulsory voting |
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What is the rule of law? |
Ensures everyone is treated equally including governments, ensures law is immune to external influences |
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What are key features necessary for the rule of law? |
The senate, the high court, responsible government, ministerial responsibility, due process, federal division of powers and the separation of powers |
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What are democratic features in Australia's system? |
Rule of law, compulsory voting, freedom of press/media and anti-terrorism laws |
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What are liberal features in Australia's system? |
Rule of law, separation of powers, federal division of powers and freedom of speech, press and religion |
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What is the fourth estate? |
The media holding the executive accountable, feature of responsible government, can be bias, lack of independence and unaccountable |
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What is a bicameral parliament? |
Two houses - the senate and the house of representatives |
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Define responsible government. |
Holding the executive accountable to the legislature |
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What are features of responsible government? |
Question time, no confidence motions, the senate and media scrutiny |
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What is the political executive? |
The prime minister, cabinet and prime minster who make decisions about law |
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What is the administrative arm of the executive? |
Government departments and public servants |
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What is representative democracy? |
Fair elections result in a government representative of society and for the collective wellbeing |
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What is preferential voting? |
Used by house of reps, primary and preferences counted until 50% mark, favours major parties, winner least disliked |
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What is proportional voting? |
Used in senate, candidate must gain certain percentage, more minor parties/independents |
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What is s51 of the constitution? |
Concurrent powers of the federal government |
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What is s52 of the constitution? |
Exclusive powers of the federal government |
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What is the federal division of power? |
Division between federal, state and local governments |
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What are benefits of a federal system? |
Focus on own responsibilities, independent states, accountability in sharing power, different governments represent different populations better, innovation can flourish |
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What powers does the federal government have? |
Defence, taxation, marriage, immigration, envrionment etc. |
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What power remain for the state governments? |
Education, housing, roads, transport, emergency services, hospitals etc. |
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What are the arguments for a bill of rights? |
In line with the rest of the world, legitimate/enforceable, holds government accountable, Australia looks more legitimate |
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What are the arguments against a bill of rights? |
Inability to adapt to societal changes, already have statutory bill of rights and not necessary |
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What is formal equality? |
Formal mechanisms ensure everybody is treat the same and has the same rights and protections |
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What is substantive equality? |
A fair and inclusive society and equal opportunities for everybody |
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What is procedural justice? |
Formal mechanisms such as due process, equal treatment, access to justice, rule of law and protection of individual rights |
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What is substantive justice? |
Overall fairness of the outcome |
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What is the legislature? |
Makes law (parliament) |
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What is the executive? |
Implements/administers laws (PM, MPs, cabinet) |
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What is the judiciary? |
Courts |
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When and what was federation? |
1901 creation of constitution, made Australia a nation with states and not separate colonies |
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What are the disadvantages of federalism? |
Duplication of services, ability to blame other levels, unfair distribution of money |
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What is the majoritarian system? |
Two-party system, government formed by one of major parties, single-member electorates, preferential voting, more stable/efficient, has voter confidence/familiarity, less diverse |
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What are elements of due process? |
No person judged unheard, must be heard and fair, elements of notice, standard of proof, trial by jury, appeal and legal representation |
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What are elements of the senate? |
States house, limit on house of reps, proprotional voting, sit for 6 years/half are replaced every 3 years, multi-member electorates, 76 seats, cannot introduce fiscal policies |
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What are elements of the house of representatives? |
Preferential voting, single member electorate, party with majority of seats is the government, elections every 3 years |
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What are advantages of compulsory voting? |
Values democratic process, voting is responsibility, forces public to take interest, more informed population, parties create policies to appeal to majority |
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What are disadvantages of compulsory voting? |
Undemocratic to make people vote, forces voting for disliked people, more government resources, disengaged people voting, parties have to create attractive policies |
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What are two main sources of law in Australia? |
Common and case |
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How many readings does a bill receive in each house of parliament? |
Three |
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What is the doctrine of precedent? |
Judges should apple past judicial decision when deciding cases involving same material facts |
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What did Mabo achieve? |
Australian courts recognised a form of native title and accepted that Australia was not terra nullius |
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What are explicit rights in the constitution? |
Freedom of religion, trial by jury, freedom from discrimination on the basis of state residence, acquisition of property on just terms |
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What are implied rights in the constitution? |
Freedom of political communication |
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What is judicial review? |
High court function to review the constitutionality of laws impacting politics and federalism |
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Why do state governments have power over criminal laws? |
Federal government intended to be limited with states having the most power |
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Which section says that commonwealth law prevails if there is inconsistency between commonwealth and state law? |
s109 |
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What are the advantages of federalism? |
Focus on specific areas, promote initiative, provide better representation and strengthens accountability |
