key definitions + constitutional sections

This set covers essential political and legal terms from the UNIT 3 notes, including constitutional sections, government conventions, law-making processes, and federalism concepts.

Responsible government

The convention governing the formation of government in the Westminster system in which the executive is drawn from and responsible to the parliament.

Representative government

A system where the people elect representatives to parliament who make laws and govern on their behalf.

Separation of powers

The division of government into three branches—Legislative, Executive, and Judicial—so that power is not concentrated in one institution.

Division of powers

The sharing of law-making authority between the Commonwealth (federal) government and the state governments.

Westminster conventions

Unwritten rules, such as the Governor General acting on ministerial advice, that guide how the Australian political system operates.

Section 1

Vests legislative power of the Commonwealth in the Federal Parliament, consisting of the King, Senate, and House of Representatives.

Section 7

Mandates that the Senate shall be "directly chosen by the people" and establishes equal representation for each original state.

Section 24

Requires members of the House of Representatives to be "directly chosen by the people" and specifies that the House be "as nearly as practicable, twice the size" of the Senate.

Section 51

Lists the 40 specific concurrent powers of the Commonwealth parliament, such as trade, taxation, and defence.

Section 52

Specifies the exclusive powers of the Commonwealth, such as the seat of government and matters relating to the public service.

Section 61

Vests the executive power of the Commonwealth in the King, exercisable by the Governor-General.

Section 64

Requires that ministers of the executive government must be members of parliament, ensuring a structural fusion of the legislative and executive branches.

Section 71

Vests judicial power in the High Court of Australia and other federal courts created by Parliament.

Section 109

Dictates that if a state law conflicts with a Commonwealth law, the Commonwealth law prevails to the extent of the inconsistency.

Section 128

Outlines the formal process for altering the Constitution via a referendum requiring a double majority.

Statute law

Written law formally enacted by parliament through legislation (Acts), which can override common law.

Common law

Law developed by judges through court decisions based on the doctrine of precedent (stare decisis).

Exclusive powers

Law-making authorities that can only be exercised by the Commonwealth parliament, such as customs and excise duties under Section 90.

Concurrent powers

Law-making powers shared by both Commonwealth and state governments; when laws conflict, Commonwealth law overrides under S109.

Residual powers

Powers not listed in the Constitution that remain with the states, such as education, health, and criminal law.

Gag

A motion moved by a party member during the second reading debate to put a bill immediately to a vote.

Guillotine

A motion passed by the government to limit the time allocated for a debate on a specific bill.

Flood gating

The practice of introducing many bills into the House of Representatives simultaneously to overwhelm the deliberative stages.

Cabinet solidarity

The convention that all ministers must publicly support cabinet decisions; if a minister cannot, they are expected to resign.

Cabinet secrecy

Confidentiality of discussions and disagreements within cabinet meetings to allow ministers to debate freely.

Federal Executive Council (FEC)

The formal body established under Section 62 to advise the Governor-General in the government of the Commonwealth.

Express powers

Powers of the Governor-General specifically listed in the Constitution and exercised by convention on advice of the PM and FEC.

Reserve powers

Discretionary powers of the Governor-General, such as the power to dismiss a PM, exercised without or contrary to ministerial advice in a crisis.

Vertical fiscal imbalance (VFI)

The disproportionate taxing powers and obligations where the Commonwealth collects more revenue than it needs, and states spend more than they collect.

Horizontal fiscal equalisation (HFE)

The principle of distributing GST revenue so each state can provide comparable public services regardless of their revenue-raising ability.

Mandate

The legitimate right to control institutions of power granted by voters to a party following an election.

Double majority

The requirement for a successful referendum: a majority of voters nationwide AND a majority of voters in a majority of states (at least 4/6).

Ultra vires

Acting beyond the specific legal or constitutional power granted to a body, such as a parliament passing laws without a head of power.

Coercive federalism

A system where the central government dominates regional governments by using financial powers and tied grants to dictate policy.

Washminster hybrid

Australia's political system which combines features of the US 'Washington' federal model with the British 'Westminster' parliamentary model.

Braddon Blot

Section 87 of the Constitution, which originally required the Commonwealth to pay three quarters of customs and excise duties to the states.

Specific mandate

A claim of authority to implement a policy that was a key election promise, such as the 2022 Albanese government's Climate Change Bill.

Balance of power mandate

The authority claimed by minor parties or independents in the Senate to hold the government accountable because their votes are necessary to pass bills.

Locus standi

The legal standing required for a party to be able to challenge a law or take court action in the High Court.

Implied freedom of political communication

A constitutional right discovered by the High Court in the 1990s as essential to the representative democracy established by the Constitution.