Politics and Law short answer review

Politics and law ATAR

Legislature

branch of government responsible for making laws, typically composed of elected representatives. They are parliament

executive

The prime Minister, cabinet ministers, governor general,

judiciary

the branch of government that interprets laws, judges whether laws have been broken, and decides what the penalty should be. It also includes the court system itself. 

separation of powers with examples in Australia and USA

A doctrine by which the functions of government to make (legislative), carry out (executive) and interpret/enforce  the laws (judicial) are divided to prevent the concentration of power.

Australia - The legislature -Makes laws

The judiciary - Interprets the law

The executive -Administers the law

USA - Supreme court - highest court in the country

president and cabinet - proposes bills, appoints judges , can veto bills passed by both houses

congress - approves government spending, can refuse to pass bills, impeach president

constitutionalism

The idea that power should be limited.

constitutional monarchy

is a system of government that is ruled by a king or queen whose power is limited by its country's constitution.

sovereignty

is the power of a state or community to make and enforce laws, impose taxes, and conduct its own affairs. In Australia, sovereignty is the ability of the government to act on behalf of its citizens to ensure their safety and security. 

parliamentary sovereignty/supremacism

holds that the legislature is the absolute and supreme body to create of amend the law.

Westminster conventions

are unwritten rules that govern the practice of parliament. They originated in UK

responsible parliamentary government

is a political system where the government is held accountable to the parliament. The government must have the support of the majority of the parliament to stay in power. 

Collective ministerial responsibility

also a Westminster convention of responsibility parliamentary government , which an entire executive government maybe held account by House of Representatives. This is a part of parliaments responsibility function.

Vote of No confidence

The opposition can ask for a ________ if they think the executive government has lost the support of the commons.

-If won the government must resign or call an election.

Individual Ministerial Responsibility

a Westminster convention of responsibility parliamentary government which requires ministers to be accountable to the house of Representatives for their decisions, probity and propriety.

Censure

are parliament’s way of formally expressing disapproval in an MP, and are decided by a vote in the Chamber.

Cabinet

is a committee of the most senior ministers led by the PM and chosen by the PM e.g minster for defence or the treasurer.

Cabinet Secrecy

is the practice of keeping Cabinet discussions and documents confidential. This is done to protect the ability of ministers to speak freely and explore different policy options. 

Cabinet Solidarity

the members of the cabinet must publicly show a unified position, and must vote with the government even if they privately disagree with the decision that has been made.

Federalism

a system of government in which sovereignty is geographically divided between one central and multiple regional governments.

Federal division of power

in Australia is the distribution of power between the federal government, state governments, and local governments.

Federal division of power USA

residual (leftover) power not given to federal are given to the states.

bad thing about USA elections are given to the states.

Federal division of power Australia

residual (leftover) power not given to federal are given to the states

Federal division of power Canada

residual powers are given to the federal government.

Impeachment definition

is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct.

Impeachment steps

the process begins in the House of Representatives, which holds the authority to impeach federal officials by passing articles of impeachment.

If the House votes to impeach, the process moves to the Senate, which conducts a trial to determine the official's guilt.

A two-thirds majority vote in the Senate is required to convict and remove the individual from office. This system is designed to uphold the principle of checks and balances, ensuring that no branch of government exceeds its authority.

washminster

blend of the UK and US political and legal systems. Westminster and Washington.

Because we have similar history to the US kind of and with our states still wanting power put we are still part of the commonwealth.

Swiss referendum Process/double majority

Optional referendums on a federal law, international treaties

-50,000 people sign a petition within 100 days of the publication of the Act; or

-Law only comes into effect if accepted by majority of people want it.

▸Mandatory Referendums for constitutional amendments

▸Requires ”double majority”

╺Majority of votes; and

╺Majority of States (Canton)

Representative Role

a form of government in which the people are sovereign but are representative in government by elected members of an assembly acting their behalf.

Legislative and Debate Roles

The main roles of the legislative is to make laws

-Bills (proposed laws) go through the legislative process to become acts of parliament

-Parliaments is supposed to the highest forum of debate in the country

-The legislative process and debate from a representation group should ( in theory ) create equality legislation that reflects the will of the people

Legislative Power of the Parliament

Parliament has the power to make legislation for the peace and order and good government of the commonwealth lists ‘head of power’

s 51 (ii) taxation

s 51 (vi) defence of the commonwealth

s51 (xix) naturlisation and aliens

Responsibility Role

Responsible Parliamentary Government is a Westminster convention, where the government is drawn from and accountable to parliament

-How does Parliament Perform this role of holding the government responsible??

- Vote of NO Confidence

- Censure motion against individual ministers

-Question time

executive power

the power of the government to administer the law by developing policies and implementing statutes .

constitutional, political and administrative executive

Constitutional executive - Monarch represented by GG Sam Mostyn

Political executive - Prime Minister and Cabinet members and all politicians who implement laws and policies. and are voted in they are the most important as they represent the people.

Administrative executive - Public servants civil service that carry out the day-to-day functions of government and implement policies. Different departments are headed by ministers in the cabinet.

shadow ministry

The opposition front bench, composed of spokesperson for each of the ministerial portfolios of the government.

-each spokesperson scrutinises a government minister

-They form the ‘alternative’ government for the public to see what they would to if they got elected

High Court

is the highest court in the Australian judicial system.

Judicial power

▸is the power to make legally binding decisions.

Judicial Discretion

▸is the freedom of a judge to decide an appropriate outcome for a case within the bounds of the law.

Jurisdiction

▸refers to the authority of a court to hear and determine particular types of cases.

Prorogue

to end a Parliamentary session without dissolving it (Royal prerogative power)

2019 prorogation

Brexit - 31 October 2019 ‘deadline’

-PM Theresa May failed 3 times Brexit deal approved by parliament , and resigned.

23 July 2019 - Boris Johnson took over as leader of the Conservatives and PM

28 August 2019 the Queen prorogued Parliament on the PM’s request 5-week prorogation - longest in modern history The return date was only 2.5 weeks from the Brexit Deadline

Protests claiming that the PM was trying to stop debate and force a ‘no-deal Brexit’

Parliament rushes to passes European Union (Withdrawal) No 2 Act  (aka ‘the Benn Act’) requiring the PM to seek an extension of Brexit

▸24 September, UK Supreme Court unanimously ruled that the prorogation was unlawful and had no effect.

▸Held that the use of Royal Prerogatives, must respect conventions of parliamentary sovereignty and democratic accountability. - Separation of powers example

• 19 Oct 2019, Johnson sends the EU two letters

• One requesting the extension till 31 Jan 2020 as required by Benn Act (unsigned)

• One saying he thought the extension was a mistake (signed )

• Extension Granted by EU

• 12 December 2019 Election - Johnson wins 365 seats (up from 317) to win a majority

• 20 Dec 2019 - Brexit Deal passes House of Commons

Robodebt

Coalition Gov started the ‘robodebt scheme’ to check if people on welfare had been overpaid. Ran July 2015 – 2019.

▸Debt notices were issued based on automated data-matching that compared Centrelink records with averaged income from the Australian Tax Office.

╺433,000 people chased for total $1.73 Billion in debt

▸2021 Federal Court found scheme was unlawful and ordered government to pay $1.8 billion in compensation.

▸Albanese Government set up a royal commission

CPA case (1951)

soviet union Russia and cold war times

-PM Menzies elected with promise to dissolve the communist party of Australia

-The act declared that the CPA was engaged in subversion and wanted to overthrow the Australian system of government

-The act made the CPA an unlawful association

At the high court case

-CPA argues that parliament had no power to make the act (it was ultra vires) = outside the power beyond the power Latin

-The cth argued that it could under the defence of power (ss51(vi))

-High court accepted the Cth had the power to protect itself from subversion under defence head of power

-However parliament could not make legislation based upon its own declaration of the fact

-The Act had, in essence declared the CPA guilty of subversion and trued to make the CPA fall under the defence power

-The Act was unconstitutional and therefore invalid

Australia then had a referendum to remove the CPA by saying in the constitution that Australia couldn't have a communist party, and it failed

The federal division of power in Australia is the distribution of power between the federal government, state governments, and local governments.

Graham V minister for Immigration (2017)

Peter Dutton MP was immigration minister 2014-1017

-Graham was a NX citizen but lived in Australia for 40 years.

-Migration Act 1958 -the minister for immigration can cancel a persons visa if they did not pass a ‘character test’

-The minister cancelled grahams visa because of information he was in a rebel motorcycle gang

-In court the minister relied on s503a of the migration act, which said that the minister did not need to disclose the information he had relied on the court

-The high court held the s503 a was invalid as it prevented the courts from accessing the information it needed to review executive the decision

-The High courts Jurisdiction to review executive decisions protected in the constitution

Therefore , parliament cannot make legislation that prevents the judiciary form checking the executive

Grahams Visa was revoked in an hour after the case after Dutton revealed he was in a gang.

Alexander V minister for Home Affairs (2022)

Section 36B Australian citizenship Act 2007 inserted in 2020

• If minister satisfied that a dual citizen engaged in terrorist activities

• - The minster can choose to remove persons Australian citizenship

-Delil Alexander born in Australia with a Turkish citizenship

• Left Australia for turkey in 2013 but then travelled to Syria

- 2019, jailed for 15 years by Syrian court for joining Islamic state,

-July 2021, Dutton made s36B determination removing alexanders Australian citizenship

• High court held parliament can make laws to remove citizenship ( naturalization and aliens power) s51 xix but s 36b was invalid.

• Effect the law as punitive in character ( deprived person ability is a judicial power and only exercisable by judiciary

• s 36 B effectively gave judicial power to minster executive