Politics and Law unit 1

absolute majority

the required majority to win in a preferential voting system; a majority of 50% + 1 of formal votes

accountability

adversarial system

the trial system used in common law countries, based on the belief that justice is best achieved through a 'battle of words' between two adversaries

amendment

a proposed change to a bill being debated in parliament during the committee stage of the legislative process or a change to an existing act

appeal

a review of a court case by a higher court

appellate jurisdiction

the type of cases or areas of law which a court has the power to hear 'on appeal'

appropriations

money spent by the executive government, that has to pass parliament before the government can access and spend public funds

backbencher

a member of parliament who is not in the cabinet or the ministry. by contrast, the front bench is formed by the government (exec) and the opposition shadow front bench

balance of power

the situation in which a political party or individual may use their position in the chamber and vote to decide the fate of a bill or motion. commonly held by minor parties and independents in the Senate.

balance of probabilities

the standard of proof required in a civil dispute. the adjudicator will rule on liability according to the degree of probability as to whose version of the facts is more likely.

beyond reasonable doubt

the standard of proof that must be met in a criminal dispute. it must be proven by the prosecution that there is no rational doubt as to the guilt of the defendant, otherwise the charge has not been proven.

bicameral

a legislature composed of two houses, an upper house (of review) and a lower house (of the people)

bill

a proposed statute law. a bill becomes law after it has received royal assent from the governor general.

cabinet

a committee of the executive consisting of the PM and their senior ministers.

checks and balances

a system by which the powers of one arm or branch of government limits the powers of the other arms.

civil trial

A trial in which a plaintiff seeks damages or other remedy from a defendant who is accused of a civil wrong.

Collective Ministerial Responsibility

a westminster convention of responsible parliamentary government by which an entire executive government may be held to account by the lower house.

common law

law that is made in courts by judges when deciding cases which give rise to the need for new decisions. inferior to statute law.

concurrent powers

powers granted by the constitution to the commonwealth and state parliaments (shared powers).

constitutional monarchy

A form of government in which the head of state is an inherited position with powers limited by a written constitution or by unwritten conventions.

constitutionalism

the idea that there are lawful limits on the power of government, often outlined in a constitution.

criminal trial

a trial in which the state is the prosecuting party and the defendant is accused of a crime.

crossbench

describes members of a house of parliament who are independents or not members of a majority or governing party

the Crown

defendant

the party that defends the charge in either a civil or criminal court case. have presumption of innocence

democracy

a system of government based on the will of the majority.

division of power

the division of power between each level of government, state and federal.

double majority

the requirement for a successful referendum to change the constitution. requires a democratic majority and a federal majority

electorate

a geographical area in which citizens vote to elect a representative/parliamentarian to represent their views in parliament.

Equality of political rights

a key operating principle of liberal democracy. all citizens should be equally entitled to political rights, including the right to vote, the right to run for office and the right to participate in government

exclusive powers

powers granted by the constitution to the commonwealth parliament alone.

executive branch

the branch of government responsible for administration or execution of laws made by the legislature.

federalism

a system of government in which sovereignty is divided between one central and two or more regional governments.

governor general

the representative of the monarch in Australia. established in section 61

High Court

The highest court in Australia established by the Constitution and the only court with the authority to interpret the Constitution

House of Representatives

the lower house of the Commonwealth Parliament, the people's house and house of government.

indictable offence

a serious criminal offence that is generally adjudicated in an intermediate or superior court, and where the defendant is afforded a trial by jury (WA)

Individual Ministerial Responsibility

a westminster convention of responsible parliamentary government by which a minister may be held to account by the House of Reps.

Judicial Branch

the branch of the government which adjudicates disputes by interpreting laws and applying them to specific cases heard in court.

judge

the adjudicator in a trial, protected from against undue influence from government by constitutional law that guarantees their independence.

jury

a panel of citizens who have the authority to make the final judgement in a trial based on facts.

Legislative Branch

the branch of government which creates laws by initiating, debating, amending or abolishing statutes through the statutory process.

liberal democracy

a system of government that is based on both the will of the majority and the respect and protection of rights.

major party

a political party capable of winning a House of Representatives majority in their own right, or in coalition with a minor party during an election.

majority government

occurs when a government is formed by the party that controls more than 76 seats in the house of representatives.

majority rule

a key operating principle of liberal democracy. it is based on popular sovereignty and expression of the will of the majority in government and law-making

mediation

a form of alternative dispute resolution in which a neutral a neutral third party assists two disputing parties to find common ground and resolve their dispute. mandatory in WA in the pre-trial phase since 2010.

minor party

a political party capable of winning seats in parliament, but not capable of forming government in its own right.

minority government

a government formed by a party which controls less than the 76 required seats in the house of representatives, and which must rely on the support of non-party members of that house for on motions of confidence (CMR) or supply (appropriations)

motion of no confidence

a motion by which a the house of representatives withdraws its support from the government. a successful motion would require a minister or the government to resign.

natural justice

The body of principles used to ensure the fairness and justice of the decision-making procedures of courts. In Australia it generally refers to the right to present your case, impartial adjudication, and the right to a decision based on relevant evidence.

original jurisdiction

the type of cases or area of law which a court has the power to hear 'in the first instance'

parliament

the name given to the legislature in westminster style political systems

Parliamentary Sovereignty

in a political system where both common and statute laws are created, if they come into conflict the statute law will prevail. the only exception to this is HC judgements on the constitution

plaintiff

In a civil dispute, this is the party that initiates the court case and claims to have been 'wronged' in some way. they hold the burden of proof

plebiscite

A direct vote in which a country's people have the opportunity to approve or reject a proposal which does not affect the Constitution.

political freedoms

a key operating principle of a liberal democracy. Political freedoms are entitlements enjoyed by all citizens and that enable political participation

political participation

a key operating principle of a liberal democracy. enabled by political rights and freedoms, and permit citizens a role in their own government

precedent

a judge made decision that stands as an example or guide for future decisions in cases of similar factual circumstances.

pressure groups

associations formed by people seeking to influence lawmaking.

Prime Minister

the head of the federal executive, the leader of the majority party in the House of Representatives. the position is entirely governed by convention - there is no mention of the PM in the constitution

private law

(civil law) the body of law that deals with disputes between private individuals

private member

a member of parliament who is not a member of the cabinet or the ministry.

prosecution

in the criminal trial process, this is the party that brings the charge to court, acting on behalf of the State

public law

(criminal law) the body of law that deals with 'wrongs' committed against the community

question time

a key procedure associated with the responsibility of the Commonwealth Parliament which occurs at 2pm everyday. any private member may ask a question concerning their portfolio area, their conduct, or any other question regarding their role.

referendum

the only formal way to change the constitution of Australia. It is outlined in section 128 of the constitution, and requires a bill to pass the parliament outlining the change, before being put to the people within two months and no later than six after passing. to succeed, it must gain a double majority.

representative democracy

a form of government in which citizens are sovereign, but are represented in government by elected members of an assembly acting as representatives

residual powers

All government powers not specified or enumerated in the Constitution. They are exercised by the States.

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.

royal assent

the formal agreement of the monarch or the monarch's representative to a proposed law. By westminster convention, royal assent is always given, and never refused.

rule of law

the principle by which all people, governments, corporations and other entities are subject to the law regardless of power, wealth or any other quality. The rule of law is characterised by a number of other principles such as judicial independence, checks and balances, limited power, respect for rights and freedoms, democratic law making, the coherence of laws and public knowledge of laws

rules of evidence

rules governing the type of evidence admissible in a trial

Senate

the upper house of the commonwealth parliament. it is the states house, and the house of review.

Separation of Powers

A doctrine by which the functions of government to make, carry out, interpret and enforce the laws are dispersed to prevent the concentration of power.

standard of proof

The level to which a court case must be proven in order for it to be successful. There is a lower standard of proof in a civil dispute — on the balance of probabilities — compared with that for a criminal dispute — beyond a reasonable doubt

statute law

Law made by parliaments. Made by elected members of parliament, statute law has democratic legitimacy and is superior to common law.

summary offences

This is a simple or minor offence and is adjudicated in an inferior court such as the Magistrates Court of Western Australia. Minor offences include theft and driving offences

trial

A procedure for finding the truth. This is the main process of the judicial arm of government. Adversarial trials are used in common law countries.

tyranny of the majority

The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.

unicameral

A legislature composed of a single representative legislative chamber.

unitary

A system of government in which sovereignty is geographically undivided. There is a single national government in which sovereignty is vested - opposite to federal system

washminster hybrid

A blend of the Westminster system of responsible parliamentary government with the American system of federalism

westminster conventions

Unwritten constitutional rules that govern the practice of government in systems derived from the British Westminster system.

westminster system

A system of government based on the British Westminster system. Distinguished by the fusion of the legislative and executive powers, and the relatively weak separation between these two branches of government

obiter dicta

Latin for 'sayings by the way'. This includes the non-critical judicial reasoning outlined in a decision, which may be persuasive (non-binding) in future similar cases

ratio decidendi

Latin for 'reason for deciding'. Critical judicial reasoning which is binding on lower courts in a court hierarchy, and persuasive across and up a court hierarchy or for other court hierarchies.

stare decisis

latin for "to stand by what has been decided" - the principle upon which the doctrine of precedent is based

ex post facto

Latin for 'after the fact'. Judgments made by the courts are done so after the dispute has occurred

consolidating

occurs when parliament repeals, replaces or amends existing acts that are outdated or confusing to uphold rule of law, which states that laws must be clear and coherent

abrogation

occurs when parliament passes a statute law to override a court interpretation of a law. Occurs because Parliament is superior to courts

codifying

occurs when parliament wishes to reinforce and support a court decision by passing an act and codifying in statute law.

Political Executive

The branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government. not referenced in the constitution

Constitutional Executive

the branch of government responsible for the ceremonial features of government, as described in the constitution

Parliamentary Government

means the members of the government must also be members of the parliament.

constitutional law

also known as superior law, and establishes jurisdiction, specifies processes of government, codifies procedures and protects fundamental rights.

burden/onus of proof

the onus to prove the accusation against an accused is the responsibility of the party who brings the dispute to trial (plaintiff or prosecution)

democratic majority

requires a majority (50% + 1) of all eligible australian voters

federal majority

requires a majority of eligible voters in a majority of states (4 out of 6)

independent judiciary

a key democratic principle. the judiciary must be completely free from interference and influence from the parliament, the government or any other institution or person. vital to rule of law