IA1 Legal

Governance

Describe the concept of terra nullius

The term terra nullius means “nobody’s land” or “land belonging to no one”. In legal terms, it means “land over which no previous sovereignty has been exercised”.

Describe the rule of law

The rule of law is the principle that the law is applied equally and fairly to everyone, and no one is above the law. This ensures fairness, consistency, and public trust in the legal system.

how is the rule of law upheld in Australian parliament?

The rule of law is upheld in the Australian Parliament through the separation of powers, accountability and transparency of decisions and equality before the law. The separation of powers ensures that not one branch has complete power which is essential for maintaining a democratic legal system. Additionally, accountability and transparency is important as leaders need to justify their decisions to the public, as they are representing their best interests and have been elected by the people. Equality before the law also ensures that the rule of law is upheld, as the law is applied equally and fairly to everyone, including government and parliament officials, ensuring consistency and fairness within society

Describe the Australian constitution

The Australian Constitution is the fundamental law that governs Australia. The Constitution describes the structure, role and powers of the Australian Parliament and sets out how the Australian and state parliaments share the power to make laws. It also states the roles of the executive government and the High Court of Australia, as well as some of the rights of Australian citizens, such as the right to religious freedom

Democracy

A system of government in which power is vested in the people, who exercise that power directly or through elected representatives.

Representative government

A key aspect of democracy where citizens elect representatives to make decisions and lass laws on their behalf and operates on both state and federal levels. The representatives must act in the interests of the people who elected them which is vital for maintaining public trust. 

Responsible government

Ensures that the executive branch of government (PM and Cabinet) is accountable to the legislature (Parliament). This means that the government must maintain the confidence of the House of Representatives to remain in power. A responsible government also focuses on transparency and ethical conduct as they must justify their decisions to the public.