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13 Cards in this Set
- Front
- Back
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Rule of Law |
The principle that all individuals are equal before the law. It rejects arbitrary and absolute power |
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Federation |
Is the creation of a nation by uniting previously separated states, each of which retains a separate and distinct area of authority although cedes some to the federal govt |
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Burden of proof |
The requirement that the person who makes the legal claim (prosecution) is responsible for substantiating the case |
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Beyond reasonable doubt |
The standard of proof required in a criminal case. The prosecution must provide evidence to show there is no plausible explanation of the case other than the guilt of the defendants that the accused is guilty beyond reasonable doubt. |
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Hung Parliament |
A parliament in which no party or group has a majority. The lack of majority in the lower house creates a minority govt. Govt then becomes dependa |
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Double dissolution |
Resolves deadlocks between the HOR and senate. In a DD election both houses of the federal parliament are simultaneously dissolved, an election for all members of both houses takes place |
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Standard of proof |
The degree of certainty required in a trial to demonstrate that the defendant committed a civil wrong or crime. In a criminal case the evidence presented by the prosecution must establish the guilt of the accused beyond reasonable doubt |
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Statute law |
Is a legally enforceable legislative act that has passed all stages in parliament, has received royal assent and is proclaimed |
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Concurrent powers |
State and federal: A power that can be exercised by both the commonwealth and the states. These are set out in section 51 of the constitution |
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Parliamentary Soverignity |
The principle that where parliamentary statute and judge made common law conflict, statutes have precedence. Exception is high court judgements in constitutional cases. In constitutional democracies soverign power is based on the consent of the people and rule of law. |
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Washminster mutation |
The melding of the westminster system of responsible parliamentary government and a federal division of powers based on the model adopted from the US |
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Constitutional Convention |
An unwritten practice concerning the powers, processes and procedures of a political system that has general acceptance and is consciously followed in political activity |
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Exclusive powers |
Federal: Powers set out in the Australian constitution, about which only the commonwealth govt can make laws. These include customs, excise duties and public service |
