Australian Government Flashcards

Flashcards to review key concepts related to the Australian system of government.

Division of Powers

Refers to how legislative authority is distributed among Federal, State/Territory, and Local governments in Australia.

Exclusive Powers

Powers held only by the federal government in Australia, such as defence and currency.

Concurrent Powers

Powers shared between the states/territories and the federal parliament, such as taxation and quarantine.

Residual Powers

Powers that belong only to the state/territory governments, such as schools, hospitals, and public housing.

Separation of Powers

Division of government into legislative, executive, and judicial branches, each with distinct powers.

Legislative Branch

The branch of government that has the power to make laws. Made up of the GG, King, House of Reps, the Senate

Executive Branch

The branch of government that has the power to administer laws. Made up of the Governor-General, King, PM or premier for state government and ministers

Judicial Branch

The branch of government that has the power to interpret laws. Made up of the High Court

Responsible Government

Principle holding the executive accountable through processes like parliamentary question time.

Liberal Democracy

A system of government that protects the rights and freedoms of individuals.

Bicameral System

A system of government made up of two houses.

Westminster System

Australia's system of government based on the British model, featuring responsible government and separation of powers.

House of Representatives

The lower house of the Australian Parliament.

The Senate

The upper house of the Australian Parliament.

Governor-General

The Queen's representative in Australia; part of the legislative branch

Statute Law

Laws made by parliament.

Common Law

Law developed by judges through court decisions.

Representative Democracy

A system where elected representatives make laws on behalf of the people.

Australian National Audit Office (ANAO)

Audits government activities to ensure transparency and accountability.

High Court of Australia

The highest court in Australia.

Tasmanian Dams Case

A High Court case involving a constitutional challenge related to the Commonwealth's power to legislate on environmental matters.

Uniform Income Tax Case

A High Court case that increased federal power.

Williams No2 Case

A High Court case that strengthened state powers.

Palmer v State of Western Australia

A High Court case that strengthened state powers.

Section 51 of the Constitution

Lists concurrent powers shared by federal and state governments.

Section 109 of the Constitution

Deals with inconsistencies between state and federal laws; federal law prevails.

Section 52 of the Constitution

Lists exclusive powers solely for the Federal Government

People's Consultative Assembly

Indonesia's bicameral legislative system.

Supreme Court

The highest judicial authority in Indonesia

Constitutional Monarchy

A system of government where the head of state is a monarch whose power is limited by a constitution.

Referendum

A vote on a specific proposal

S113 intoxicating liquids

Apart from the state governments powers, there are no other references to the state governments powers

Andrew Wilkie

Challenged a perceived lack of gambling industry regulation.

Google LLC v Defteros

High Court case about defamation and search engine liability.

Constitutional jurisdiction

The High Court has the power to interpret and apply the Australian Constitution.

Appellate jurisdiction

The High Court serves as the final appellate court in Australia, hearing appeals from lower courts.

Federal jurisdiction

The High Court has jurisdiction over matters arising under federal law.

Jurisdiction

Authority or power of a court to hear and decide cases.

Full Bench

All seven justices hearing a case in the High court of Australia

Court Hierarchy

Ranks courts by authority

Plain Packaging Case

High Court case involving tobacco packaging laws.

Anti-Bikie Legislation Cases

The Court supported laws to fight organized crime.

ACT Capital TV Case.

The Court ensured people could freely discuss politics.

Malaysian Solution case

The Court protected human rights in immigration policies.

Neo Nazi groups

Inciting violence, hate crimes and social unrest, undermining legal authority and democratic values

Lawlessness

Associated with gangs who act in an unruly and sometimes violent manner with no regard for the law..

The right to dissent

Allows people to oppose or disagree with the views held by the government and can publicly express disapproval in a lawful manner without fear of being censored or punished..

Court Hierarchy

System allowing for appeals and establishing precedents

Disputes between the Commonwealth and states

The High Court has jurisdiction to adjudicate on disputes between the Commonwealth (federal government) and states

Unconstitutional

Not in accordance with a political constitution.