Politics & Law Yr10

Separation of powers

•The three main powers at federal level consist of:

•Executive: The power to administer or implement the law; held by the governor general and the prime minister. 

•Legislative: the power to make the law; held by parliament

•Judicial: the power to apply and interpret the law; held by courts and allows them to enforce the law and settle disputes.

-This is set out formally in the Constitution

-One group does not have full power/control

-Judiciary is independent, it is the only one that can APPLY and interpret the law to prevent abuse of power by ensuring that no one branch dominates the others.

De-centralised power

Definition:

-Ensuring the power of government is not held by one central group

-Spreading responsibility for decision making across ‘divisions’ or ‘branches’

-Supporting accountability and scrutiny (checks and balances)

•Most modern democracies (Australia, US, England, Canada, most good democracy) use the Separation of Powers model (SOP)

Division of powers

Federal Government Powers, State and Territory Government Powers, Local Government

Federal Government Powers

-The Australian Constitution outlines specific powers granted to the federal government

- These powers include defense, immigration, foreign affairs, trade and commerce, currency, and postal services, among others.

-The federal government, also known as the Commonwealth Government, operates from Canberra, the capital city.

State and Territory Government Powers

-Each of Australia's six states and two territories has its own government with powers defined by their respective constitutions and laws.

-These powers typically include education, health, transport, policing, and various other services.

-State and territory governments are responsible for managing these areas within their jurisdictions

Local Government

•Deals with minor issues in suburbs like rubbish collection, public parks, public libraries etc

Representation

•A political system that provides representation of the people through a parliament

•The members of the parliament are voted in by the people and;

•Represent their views in the passing legislation (laws) and decision making

Participation

•A political system that provides opportunity for the people to participate in the electing of representatives

•Where they can actively voice their opinions and have a say

•And seek to challenge political and legal decisions

Representation & participation

•Independent electoral system – ensure free and fair elections

–Different voting system for the upper and lower houses – resulting in broader representation

•Legislative process (2 houses) made up of different groups/representatives

•High Court and appeals process (court hierarchy)

Accountability

•A political system where the elected represented are held to account by the people

•Where the voting allows for representatives to lose and gain power as determined by the people

•Where the three arms keep each other accountability – and no arm controls all the power

Scrutiny

•A political system where systems are in place to provide checks and balances

•Where no one arm or part of the system can avoid scrutiny

•Where there are consequences for breaches of power

ACCOUNTABILITY & SCRUTINY

•Each arm of government (legislative, executive & judiciary) exist to keep each other accountable

•The Constitution provides the structure and restrictions of government which they cannot move outside of the government system.

•High Court provides a structure where the government can be challenged, and the judicial process can be challenge (through court hierarchy)

Right to dissent

Definition: The ability to disagree with government with out fear of reprisal (legal consequences).

In action: The ability to protest and actively participate in movements that contradict the government, departments, business and general opinion

Limits: It must still be undertaken within the limits of the law and cannot impinge on other’s rights. E.g. incitement to violence is illegal 

Examples:

- Peaceful protests 

- Freedom of the press 

- Social activism 

Case Study : School Strike 4 Climate 2018 

- Students protesting for environmental policies

ACCOUNTABILITY & SCRUTINY

Checks- Mechanisms that limit or stop one person or arm of government from becoming too powerful and able to exceed their specific powers.

•Checks enable each arm of Government to review, criticise or override the actions of the other two arms.

•The community, through the media and the active and ongoing participation of citizens is also another check on power.

Balances- When power is balanced, no branch has complete authority nor has so much power that the checks are able to be overridden.

•Each branch of government (legislative, executive & judiciary) exists to keep the other two accountable

•The Constitution provides the structure and restrictions of government which they cannot move outside of.

•High Court provides a structure where the government can be challenged (CHECKS), and the judicial process can be challenged (appeals – court hierarchy)

Concept of globalisation

–the growing interdependence of the world’s economies, cultures, and populations, brought about by the expanding growth in cross-border trade in goods and services, technology, and flows of investment, people, and information

Advantages of Globalisation

•Greater access to a wide variety of goods and service across the world

•Greater access to education and information from a wide variety of sources

•Countries can specialise in production of resources and the provision of skills

–This can result in cheaper provision of goods and services

•Gain an appreciation of other cultures (lifestyle, religion, food, history) which inherently builds tolerance and respect

•Collective effort to solve local, regional and global issues eg: climate change, natural disasters, financial crisis

Disadvantages of globalistion

•Smaller service & goods providers can be overrun by larger international companies and countries: eg, manufacturing

•Lose our uniqueness when everything is coming from the same place; eg, MacWorld

•Some countries/companies don’t have the same standards that we would expect of own country/companies; eg, Sweatshops

•Larger countries/companies can dominate smaller, less powerful and less wealthy countries – and it can open them up to corruption

Foreign aid

–any type of assistance that one country voluntarily transfers to another,

–which can take the form of a gift, grant, or loan

–it can also be food, supplies, and services such as humanitarian aid and military assistance.

advantages of Foreign Aid

•Countries that need help get the support they need in difficult situations

•People groups can access assistance to further their recognition and support

•Expertise can be gained from one country to benefit another

•We get to do the right thing and help people who need it

•Build relationships and trust, as well as a good international reputation (building partnerships)

•When we need help, we have built a history of assisting others

Disadvantages of Foreign Aid

•Expensive: we are using our budget to help people who didn’t contribute to that budget

•Takes resources away from Australia to help others

•Countries can become dependent on others to help them out

treaty

–A treaty is an international agreement concluded in written form between two or more States (countries) or international organisations

–It is governed by international law and creates international legal rights and obligations.

The power to enter into treaties comes from section 61 of the Australian Constitution

•The commonwealth government has the power to enter into treaties and contribute to international negotiations.

Ratification is the process that legally binds Australia to implement the treaty

Agreeing to a treaty

•Signatory: A country is a signatory to a treaty when they show agreement for the treaty. And sign it in support

•Ratifying: A country ratifies a treaty when they write it into the law of that country. Creating legislation that binds the country to the treaty

Types of treaties

•Bilateral – treaty between Australia and one other country

Multilateral – between Australia and two or more countries

Protecting- Protecting children / Protecting Aboriginal and Torres Strait Islander peoples and cultures / Protecting women against discrimination / Protecting the environment

Eliminating- Eliminating racial discrimination

Protecting children

•International Treaty - Convention on the Rights of the Child

•Defines the rights of children around the world to ensure they are treated with respect and not abused.

•Australian Law – Children and Community Services Act 2004.

•A child must be protected or moved to a safe place by an authorised officer if they are in danger of being harmed by their caregiver.

Protecting aboriginal & torres strait islander peoples/culture

•International Treaty – Declaration on the Rights of Indigenous Peoples

•Sets standards for the wellbeing of Indigenous populations around the world, including eliminating human rights violations against indigenous peoples.

•Australian Law – Aboriginal Heritage Act 1972.

•It is a crime to tamper with or alter Aboriginal sites without permission.

Eliminating racial discrimination

•International Treaty – International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

•Eliminates racial discrimination and promotes understanding among all races.

•Australian Law – Commonwealth Racial Discrimination Act 1975.

A job advertisement stating that people of certain nationalities need not apply against the law

Protecting women against discrimination

•International Treaty – Convention the Elimination of All Forms of Discrimination against Women (CEDAW

•Defines what constitutes discrimination against women and sets out a national plan to end such discrimination.

•Australian Law – Sex Discrimination Act 1984.

•A woman who is told she can’t apply for a promotion because she has family commitments is being discriminated against on the basis of being a woman.

Protecting the Environment

•International Treaty – Convention for the Protection of the World Cultural and Natural Heritage.

•Protect cultural and natural heritage around the world that has outstanding universal value that must be preserved for current and future generations.

•Australian Law – World Heritage Properties Conservation Act 1983.

•An attempt to destroy a World Heritage Site (ex. Gondwana Rainforests of Australia) through mining in unlawful.

Refugee

A refugee is someone who was forced to flee their country due to war, persecution or natural disaster. A person is given refugee status when it is genuinely unsafe for them to return to their home country.

Asylum seeker

An asylum seeker is a refugee who has fled their country and asks for protection from another country. If an asylum seekers claim to be a refugee is found to be valid, the asylum seeker will not be returned to their country of origin. 

International treaty Australia has entered into

•1. Convention on the Rights of the Child

•2. Declaration on the Rights of Indigenous Peoples

•3. International Convention on the Elimination of All Forms of Racial Discrimination (CEDAW)

•4. Convention for the Protection of the World Cultural and Natural Heritage

Domestic Policy

•International legal obligations can shape domestic policy in Australia.

•Policy making involves the government taking action in certain areas to achieve a desired outcome.

•Examples:

•Protecting the ozone layer (reduce ozone depleting chemicals)

•The reduction of greenhouse gas emissions

International obligations

•Failure to fulfill international obligations can result in international pressure to change policy (laws)

•The UN plays a role in monitoring how Australia is performing in relation to its legal international obligations.

•Two areas where Australia has performed poorly involve:

•Climate change – Australia is said to rely to heavily on fossil fuels which is affecting climate change.

•Refugees and asylum seekers – Increased hostility towards asylum seekers has been criticised.

United nations - Australia

Australia's roles and responsibilities at a global level (e.g. provision of foreign aid, peacekeeping, environmental protection, human rights monitoring, alliances, participation in international organisations, such as the United Nations)

United nations- Australia’s role & responsibilities

•Formed on the 24 October 1945 to take on issues of humanity and to maintain global peace and security

•Largest and most effective international agency that Australia belongs to.

•In 2016, Australia was the 12^th largest contributor to the UN budget

•Through its membership of the UN, Australia pursues its international interest and fulfils its responsibilities as global citizen

Peacekeeping missions- Solomon islands

•Australia was involved in the Regional Assistance Mission to Solomon Islands (RAMSI) from 2003 to 2017.

•This peacekeeping mission helped:

i)restore law and order

ii)reestablish government services, and;

iii)promote economic recovery in the Solomon Islands following a period of ethnic conflict and civil unrest.

 Australia led the multinational force, which included military, police, and civilian personnel from several Pacific nations, working to stabilise the region and support the rebuilding of Solomon Islands' institutions

High Court- Australia

Establishment:

•Established in 1901 by Chapter III of the Australian Constitution.

•Located in Canberra, the capital city of Australia.

Jurisdiction:

•The highest court in the Australian judicial system.

•Has original jurisdiction over constitutional matters and matters involving disputes between states.

Acts as an appellate court for matters involving federal law and disputes between parties in different states

Composition:

•Consists of seven justices, including a Chief Justice and six other justices.

•Appointed by the Governor-General on the advice of the Federal Executive Council.

•Justices are appointed for life or until the age of 70, whichever comes first.

Roles and Functions:

•Interprets and applies the Australian Constitution.

•Determines the constitutionality of laws passed by federal and state governments.

•Resolves disputes between the Commonwealth and the states, and between states themselves.

•Hears appeals from lower courts in both civil and criminal matters involving federal law.

•Plays a crucial role in shaping Australian legal principles through its decisions.

High Court's appellate jurisdiction

•The High Court's appellate jurisdiction refers to its authority to hear and review decisions made by lower courts.

•The HC has the power to review and potentially overturn decisions made by federal and state courts on matters such as constitutional law, federal law, and important questions of law.

•When a party is dissatisfied with a decision made by a lower court, they may appeal to the High Court to have the decision reviewed.

•The High Court considers whether errors of law have been made in the lower court's decision or if there are significant legal questions that require clarification.

•Importantly, the High Court does not re-try cases or reconsider factual evidence; instead, it focuses on matters of law and the interpretation and application of legal principles.

Importance- The High Court's appellate jurisdiction plays a crucial role in ensuring consistency and accuracy in the application of law throughout Australia.

Its decisions set precedents that lower courts must follow, helping to maintain the rule of law and the integrity of the legal system.

High Court and Original Jurisdiction

•One role of the HC in exercising its original jurisdiction is resolving disputes between the Commonwealth and the states or territories.

•This aspect of the HC’s original jurisdiction is crucial in maintaining the balance of power between the federal government and the state governments in Australia.

•An example of the High Court exercising its original jurisdiction in resolving disputes between the Commonwealth and the states or territories is the case of Victoria v Commonwealth (1971).

•In this case, the State of Victoria challenged the validity of legislation passed by the Commonwealth Government regarding pharmaceutical benefits. Victoria argued that the legislation encroached upon the state's powers and responsibilities, particularly in relation to health and welfare.

•The HC, in its original jurisdiction, heard the arguments from both parties and ultimately ruled in favour of the Commonwealth. The Court determined that the legislation fell within the scope of the Commonwealth's constitutional powers, particularly its authority over trade and commerce. This decision helped to clarify the respective powers of the federal and state governments and affirmed the supremacy of federal law in areas where it has authority.

High Court of Australia

Landmark Cases:

•Koowarta v Bjelke-Petersen (1982) - Established the scope of the Commonwealth's power to make laws regarding Indigenous land rights.

•Mabo v Queensland (No 2) (1992) - Recognised the existence of native title in Australian law, overturning the doctrine of terra nullius.

Democracy

Democracy = Rule by the PEOPLE
A political system where the people have the power to choose (either directly or through elected representatives) the policies and laws of government.

Representative Democracy: A system where people vote to elect representatives

Rule of Law

Definition:

-The ‘rule of law’ is the principle that all people are equal before the law and must obey the law.

-The rule of law means that laws apply to everyone, including the people that make them.
Key Aspects:

•The absolute supremacy of the law

•Equality for all before the law

•Requires an independent judiciary that determines people’s rights and obligations under the law.

Safeguards to Democracy

Democratic safeguards are the established laws, Institutions, processes, and civic norms designed to protect, maintain, and strengthen the integrity of a democratic system. They ensure accountability, uphold the rule of law, protect minority rights, and prevent the abuse of power. 

Universal Suffrage

Meaning: Universal suffrage is the principle that all adult citizens, regardless of gender, race, ethnicity, property ownership, or any other qualification, have the right to vote in elections and referendums.
Ensures equal participation and representation because everyone can have their say
Ensures accountability and scrutiny because no one group has an unfair advantage. E.g. racial/ethnic group or wealth/class

Requires: Elections are fair & free, Citizens choose leaders, No discrimination

Shared Democratic Values

A foundational feature of democracy in Australia is that our parliaments and governments make and enforce laws that protect our shared values so that all citizens are treated with dignity, equality and mutual respect.

Such as:

1.Responsible government: government is answerable to parliament

2.Sovereign parliament: government must seek the approval of parliament to enact or amend laws

3.Freedom of election

4.Freedom of press and information

5.Freedom of assembly and political participation

6.Respect for the rule of law

7.Adherence to basic human rights principles.

Dispute Resolution

To keep peace in Australian society, ‘Dispute resolution’ exists to help groups or individuals resolve their problems or disputes.
Purpose: So conflicts can be solved peacefully

This can include formal legal procedures that lead to a final decision 

-Courts & judges can make fair (impartial) decisions

-Laws ensure consistency in resolutions (solutions)

-People can appeal a decision if they believe it was unfair (usually issue with procedure)

Example: You could sue the government if you believed a law was wrong. The High Court of Australia could then overturn the law if it was found to be unconstitutional.  

Types of Dispute Resolution

Mediation – a method of dispute settlement where the parties meet before an independent third party who helps them to discuss their dispute and reach a mutually acceptable resolution.
Reconciliation – the process of renewing a relationship between parties, which usually requires forgiveness on one or both sides. 

•Professionals guide us, so people are not left to resolve their issues themselves, which could result in more aggressive outcomes

Negotiation – a process where the parties get together and try to discuss the key issues in their dispute to reach a settlement between them.

High Court as a Safeguard

1. It Interprets the Constitution, 2. It Ensures Separation of Powers, 3. It Protects Individual Rights, 4. It Acts as a Check on Parliament, 5. It Resolves Disputes Fairly

Judiciary As A Safeguard - General

1. Judicial Independence, 2. Interpreting the Constitution, 3. Upholding the Rule of Law, 4. Protecting Rights and Freedoms

Challenges to Sustaining a Resilient Democracy

A resilient democracy is one that can withstand social, political and technological threats while upholding:

•free and fair elections

•rule of law

•credible institutions

•respectful public debate and participation.

Australia’s democracy is strong but faces emerging and evolving threats, both internal and external.

Populism and Identity Politics

Definition-

•Populism is a political approach where leaders claim they represent 'ordinary people' against a powerful 'elite'.

•Identity politics focuses on issues affecting specific social groups (race, religion, gender, culture).

Why it is a Threat-

•Encourages an 'us vs them' mindset.

•Creates division instead of compromise.

•Can weaken respect for democratic institutions.

Australian Example-

•Some parties use strong anti-elite or anti-immigration messaging. Eg. OneNation

•Public debates about immigration and cultural identity have created social division.

Terrorism and Politically Motivated Violence

Definition-

•Terrorism is the use of violence or threats to achieve political, religious or ideological goals.

•It often targets civilians to create fear.

Why it is a Threat-

•Threatens safety and human rights.

•Creates fear that can stop people from participating in democracy.

•May lead to strict laws that limit freedoms.

Australian Example-

•Bondi Attack has led to ‘rushed’ legislation that may reduce freedoms

•ASIO has warned about rising extremist views online.

Digitisation of Media (Misinformation & Disinformation)

Definition-

•Misinformation is false information shared without intent to harm.

•Disinformation is false information shared deliberately to mislead.

Why it is a Threat-

•False information spreads quickly online.

•Makes it harder for voters to know what is true.

•Deepfakes and AI can influence elections.

Australian Example-

•During the 2023 Voice to Parliament referendum, false claims spread online.

The AEC corrected misinformation publicly

Distrust and Indifference

Definition-

•Distrust means people lack confidence in politicians.

•Indifference means people do not engage in politics.

Why it is a Threat-

•Democracy relies on active and informed citizens.

•Disengagement weakens accountability.

Australian Example-

•The Robodebt scheme reduced public trust in government.

•Surveys show many Australians believe politicians act in self-interest.

Foreign Interference

Definition-

•Foreign interference is when another country secretly tries to influence Australia's political system.

Why it is a Threat-

•Undermines Australia’s sovereignty.

•Weakens trust in elections.

•Divides communities.

Australian Example-

•Australia has passed foreign interference laws.

•Security agencies warn about online influence campaigns.

Australian Constitution

Definition: The Australian Constitution is a written document that explains how Australia is governed. It sets out the powers of the federal government and the states, and how laws are made.

Example: The Constitution explains that Australia has a Prime Minister, a Parliament, and a High Court.

Federalism

Definition: Federalism is the way power is shared between the national government and state governments in Australia.

Example: The federal government controls defence and immigration, while the Western Australian government controls schools and hospitals.

Electoral System

Definition: The electoral system is the way people vote and how votes are counted to choose leaders and representatives.

Example: In Australia, voting is compulsory, and people vote using a ballot paper during elections

Bicameral System

Definition: A bicameral system is a parliament that has two houses that work together to make laws.

Example: Australia’s federal parliament has the House of Representatives and the Senate.