Humanities: Democracy and the Law

don't be a bum now

Democracy etymology

The greek words: “demos” and “kratos”

demos- citizens/ people
kratos- rule/power

The separation of powers in the court system

Legislative, executive, and judicial

Democracy

“For the people, by the people”
Everyone of the general public is allowed to be involved in the decision making of the government.

The five express rights

• freedom of religion

• trial by jury

• residential non discrimination

• compensation for acquired property

• interstate trade and commerce

the five democratic freedoms

• Freedom to vote

• freedom of movement

• freedom of assembly

• freedom of speech

• freedom of religion

Civil Law

resolving disputes between two parties, where someone sues another person or corporation for compensation. 

appeal

moving to a higher level of court by using evidence (criminal) or paying more money (civil)

Legislative branch

have the power to make and change the law

Executive branch

has the power to put the laws into action

Judicial branch

where judgements or interpretations of the law are made during court by trials.

Jury

a group of 12 members that use evidence during a court trial to decide if the defendant is guilty or innocent

courts that use a jury

county and supreme

Judge

the person that decides the sentence or punishment given if the defendant is guilty

Governor General

Representative of the King or Queen

Magistrate court

listens to minor cases/summary offences and decides if cases should go to a higher level of court or not

County Court

interprets all serious criminal cases except murder (not manslaughter beta)

Indictable

Even more serious offences ykwim

Supreme Court

mainly trials surrounding murder and other indictable offences

High Court

Looks after the constitutional rights

Common Law

law developed by a case set on a precedent

Precedent

an earlier occurrence of something similar

Customary Law

A set of laws and punishments that have been developed by Aboriginal Australians through generations of years, passed on by stories and oral history.

Labor Party

centre left political party that focuses on social services, worker’s rights, and equality while also focusing on environmental protection (not as much as the greens though)

Liberal/National Party

centre right political alliance that emphasises free market principles. They’re a conservative party that represent rural and regional Australian interests but focus on business and economic growth.

The Greens

mainly focuses on environmental issues, social justice, and grassroots democracy. Centre left with labor and fight for social equality away from discrimination.

Local government

focuses on the needs of people in a defined area

• parks and gardens

• clubs

• rubbish collection

State Government

Consider state education, infrastructure, and police/health

Federal government

• finances

• taxes

• trade

• defense

Upper House (Federal)

Senate- red colour for royalty

Lower House (Federal)

House of Representatives- green for the common worker

Upper House (State)

Legislative Assembly

Lower House (State)

Legislative council

Year when Australia’s constitution was made

1901

Criminal Law

offences against the state/government

Freedom of Religion

the government cannot force anyone to follow any one religion

Trial by Jury

serious crimes are interpreted in a court by jury, all accused are considered innocent until proven guilty.

Compensation for Acquired Property

Commonwealth can only take property on ‘just terms’ or adequate compensation

Residential non discrimination

All Australians are treated equally, regardless of their residential state

Interstate Trade and Commerce

All trade between states must be free and uninterfered with by any individual, business, or government

Freedom of Speech

Allows Australians the freedom to share their opinions and experiences publicly without punishment. This is only in place for opinions that are not racially discriminatory, offensive, insulting, or humiliating. 

Freedom of Association

The right to join or leave groups of our liking. 

Freedom of Assembly

Right to gather for peaceful and non threatening meetings or  protests.

Freedom of Movement

Australians are allowed to move freely within and out of the country, except private property or legal restrictions. 

four civil torts

• trespassing

• defamation

• negligence

• nuisance

Nuisance

actions that interfere with someone's use and enjoyment of their property.

Negligence

when someone doesn't meet the legal standard of care to prevent harm

trespassing

Entering someone else's property without permission

Defamation

Making false statements that harm another person’s reputation

tort

a french word that means “wrongdoing”