Politics and Law- Introduction

Democracy, constitution, Rule of Law, Separation of powers

Democracy

a system of government based on principles of individual freedom, equality and majoritarian rule (in order to make government, parties must gain 50% + 1). EG. Australia

Liberal Democracy

a system of govt in which both popular sovereignty and the protection of rights are central. Importantly, it ensure the protection of minority rights and interests. E.g. NZYQ (2023) HCA case, both subject to and protected by Australian law.

Representative democracy

system of government where eligible citizens elect representatives to represent their interests/views and make laws on their behalf in a legislature. E.g Australia- citizens 18 yrs + elect members of parliament to the HOR and senate in free and fair elections.

Direct Democracy

Direct Democracy: a system of government where citizens directly vote on decisions and laws rather than having representatives to do this on their behalf. An example of how this occurs in contemporary Australian democracy is the referendum process outlined under section 128 of the Constitution. This is the formal means of changing the constitution.

Rule of Law

An overarching set of principles that establish that all individuals are equal before and subject to the law, despite their status or any other factors. Features of the rule of law: Equality before the law, independence of judiciary.

Separation of powers

Refers to the idea that governmental powers should be dispersed between 3 seperate branches- the legislature, the executive and the Judiciary. This allows for each branch to place 'checks and balances' on the others in order to avoid the concentration of pwoer in one arm thereby preventing an abuse of power or 'absolutism'

Executive

Executive:

Broken into 3 braches under ch II of the constitution. to enforce the law

Constitutional Executives:

- Monarch, Governor General

- written in the constitution

Political Executive:

- Prime minister + cabinet ministers

- Ministers are in charge of portfolios eg. education, defence, immigration.

Administrative executive

- public service that carries out roles of government eg. department of education, department of immigration

Legislative

- the democratically elected parliament (HOR + Senate)

- to make laws (statutes)

- ch I of the constitution

Judiciary

the system of courts whose role is to interpret and apply the law.

- established by ch III in the constitution.

- Includes the HCA

- independent from other brsnches

Constitution

A document which establishes and outlines features, institutions and roles of government. It may be written or rely on unwritten conventions. Eg. Australia has a written constitution, but also heavily relies on unwritten Westminister Convention.

West minister system

unwritten rules which are followed in political society. Eg, how government is formed by the party with the greatest no. of seats in the HOR; Prime minister is the leader of govt. (political exec)+ must be elected member of the HOR; Thr Governor General (acting as the representitive of the monarch) acts on the advice of the PM.

Constitutionalism

the concept that governmental powers should be defined and limited by a constituton Eg. Australia and many other democracies subscribe to this idea.

Constitutional monarchy

A system of government where the head of state is an inherited position (monarch) whose powers are defined + limited by a written constituion and/or constitutional conventions