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53 Cards in this Set
- Front
- Back
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What is 'Parliamentarianism'? |
The Westminster tradition that the Parliament takes responsibility for checking both the legislators and the executive alike. |
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What are the three ways that the Parliament is held accountable? |
Elections, Privilege committees, and parliamentary codes of conduct. |
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How do elections hold parliament accountable? |
The Parliament uses the preferential voting system. Under this system a candidate must achieve 50% of the vote +1 to be elected. The requirement of this majority means that it's more important for candidates to maintain support and thus it's easier for their electorate to remove him if they need to. |
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What is 'Parliamentary privilege?' |
Parliamentary privilege are the legal immunities enjoyed by members of Parliament, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. |
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How was Parliamentary privilege created? |
Originally created in the British Magna Carta in 1689 to ensure freedom from Monarchy control. |
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What sort of immunities does privilege grant? |
1.) Freedom of speech in media and to public 2.) exempt from compulsory court appearances 3.) imposition of fines or imprisonment |
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What are Privilege committees? |
Privilege committees are standing committees that monitor, control and investigate the use of privileges within both houses. |
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What do the Privileges committees officially do? |
1.) Inquire to and report upon breaches of privilege under standing order 51 2.) the maintenance of the register for members interests |
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What do Privilege committees actually do? |
Mostly deal with the rights of parliamentarians to reply |
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How do Privilege committees hold Parliament to account? |
Privilege committees are seen as too limited and insufficiently enforced to truly hold parliament to account, eg: 1.) Parliamentarians are unwilling to hold their colleagues to account 2.) Committees can only recommend action 3.) Governments actively avoid accountability |
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What is a example of privilege committees in action? |
2002 Senator Heffernan created unfounded allegations against High Court Judge Michael Kirby. The documents were found to be forgeries and Heffernan was unanimously censured. |
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What are Parliamentary codes of conduct? |
A parliamentary code of conduct is a written set of rules that outline the expected behavioural standards of parliamentarians. |
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Who has adopted codes of conduct? |
The Federal Parliament and all states except NSW |
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How do codes of conduct hold Parliamentarians to account? |
By providing a consistent set of rules to abide by. |
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What is the 'rule of law'? |
The principle that all individuals are equal before the law and that all laws must be based upon consent and accepted procedures and apply to all actions of government as well as individuals. |
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What is accountability? |
Political Accountability is the requirement that all public officials both elected and appointed should be directly or indirectly answerable to the people. |
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What are human rights? |
A Human Right is a right that does not have to be enforced by law to exist. They are aninherent part of human existence and are intrinsic, universal and inalienable. They apply toall human beings from birth to death, the rights may be abused and ignored but theycannot be removed.
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What are 'civil rights'? |
Civil Rights are the political and legal freedoms needed to protect individuals from theexercise of undemocratic and repressive government power. Civil rights were emphasisedin the UN’s ‘Universal Declaration on human rights’ (1948)
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What are 'political rights'? |
Political Rights are the class of rights that ensure the ability of the individual to participatein the civil and political lift of society and state without discrimination or repression. EG: Freedom of movement, Freedom of assembly and of association, the right toparticipate in free and fair elections
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What are 'social rights'? |
Rights that concern the perseverance of democratic principles within society. !EG: The right to life, the right to identity and nationality, Freedom of thought, Freedom fromdiscrimination.
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What is 'natural justice'? |
The right of all individuals of access to court proceedings that enable them to argue their case before an unbiased judge and if necessary a jury. Natural justice also requires a right of appeal |
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What is 'equity'? |
Equity is the degree to which citizens are treated with equal fairness by the procedures and personnel of the political and legal system |
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What is section 49 of the constitution? |
"the powers, privileges, and immunities of the parliament are based upon british parliamentary practice". |
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What are the methods of executive accountability? |
1.) IMR and CMR 2.) Parliamentary procedures |
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What are the Westminster conventions surrounding the executive? |
1.) The PM and treasurer are members of the lower house 2.) The executive is collectively responsible to the lower house and is chosen and dismissed by the lower house. 3.) The Governor-General acts on the advice of the PM 4.) Ministers are collectively responsible for cabinet decisions 5.) Individual ministers are accountable to the parliament 6.) Public servants must be neutral |
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What is question time? |
Question time allows backbenchers to ask questions of the prime minister and ministry. Questions can be with or without notice. |
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Why is question time ineffective? |
Because minsters can give evasive or irrelevant answers and can arrange for 'dorothy dixers' or arranged questions. |
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Why are the other procedures ineffective? |
Because they often are controlled by the government |
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What is Individual Ministerial Accountability? |
Under the westminster conventions individual ministers are personally accountable to the parliament for their probity and propriety. And minister who is censured by the lower house must resign. |
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Why are censure motions unlikely? |
Because the government controls the majority in the lower house and therefore can defeat any censure motion they don't support. |
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What impact does the PM have on the IMR? |
The PM is the only person who can require the resignation of a minister. |
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What impact does electoral pressure have on IMR? |
The greater recent significance of 'swinging voters' increases party sensitivity to scandals which means more forced resignations of ministers. |
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Whats an example of IMR? |
Known as the Woolridge example. In 1998 two radiologists purchased multi-million dollar machines just before the government extended their benefits to cover their use. An inquiry by the commonwealth auditor general concluded that they had certainly had insider info. Woolridge the Health Minister was not required to resign despite strong suspicions |
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What is CMR? |
Collective Ministerial Responsibility is the key element of responsible parliamentary government. The Government must have a majority in the lower house. |
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What is 'cabinet solidarity'? |
Cabinet must stand by it's decisions together |
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What is the senates estimates committees? |
A standing committee that monitors the finances of executive spending. |
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Why is the senates estimates commitees accountable? |
They make gov accountable because they are less dominated by adversarial politics however they are restricted by the executive's unwillingness to give answers.
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Who is the auditor general? |
The auditor general is the head of the Australian National Audit office. The position was established immediately after federation. |
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What does the Auditor General do? |
Conducts expert and unbiased financial audits of the public service. |
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How is the Governor-General Accountable? |
1.) Through removal 2.) Through appointment |
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How can the Governor General be removed? |
The Constitution sets no specific term of office. However convention dictates a normal term of 5 years. Otherwise, the GG can resign voluntarily. |
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How many Governor-Generals have resigned? |
Three. 1.) Lord Hopetown (1903) 2.) Sir John Kerr (1977) 3.) Arch-Bishop Peter Hollingworth (2003) |
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Can a Governor-General be dismissed? |
A governor-general may be recalled by the monarch before their term is complete. Via convention this must be on the advice of the PM. |
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Has any GG ever been dismissed? |
No |
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How is the Governor-General appointed? |
From 1930 onwards the PM has chosen the Governor-General. The Prime Minister will inform the monarch of their choice and the Monarch was appoint the GG. |
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What is ss57 with relation to the GG? |
"The governor-general may dissolve the senate and the HOR simultaneously" |
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What is ss61 with relation to the GG? |
"The executive power of the commonwealth is vested in the Queen and is exercisable by the Governor-General" |
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What is ss28 with relation to the GG?
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"Every HOR shall continue for 3 years from the first meeting of the house and no longer but may sooner be dissolved by the Governor-General" |
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What is ss64 with relation to the GG? |
"The Governor-General may appoint officers to administer departments of state....such officers shall hold office at the pleasure of the Governor-General." |
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What is ss67 with relation to the GG?
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"The appointment and removal of all other officers of the executive government shall be vested in the GG" |
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What is Parliamentary Sovereignty? |
The principle that where common law and statute law override, statue law prevails. |
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How are the courts accountable? |
1.) Transparent processes + legislation 2.) Censure / removal of Judges 3.) Appeals process 4.) Parliamentary scrutiny |
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What is ss72 with relation to the accountability of courts? |
The Justices of the High Court and of the other courts created by the Parliament: (i) shall be appointed by the Governor-General in Council; (ii) shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity
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