good politics & law test tm 4- Modules 1 + 2

common good

- refers to acting in a way that represents/benefits the needs of all of a community/group, not just individuals.

- this applies to political, economic, social and ecological decision-making/exercise of authority

- In reality when governments exercise authority it is almost inevitable that decisions will favour a majority as opposed to a minority.

- In this case a majority based decision must not trample minority rights, & must be open to future comment/criticism, with the possibility of change.

civil society

-refers to a society that values civility and morality where diversity is acknowledged, respected and embraced

- Society recognises that the diversity of its members actually enhances the character of the society

- Communities that encourage doing the morally good thing, community service and volunteer work while also valuing democracy and freedom, are examples of civil societies.

- there exists not just tolerance of others/diversity but a genuine desire to promote and embrace inclusivity and mutual respect

how are "common good" and "civil society" interconnected? how could it be said that "one feeds off the other"?

- For a civil society to function, members must show common good.

- If all citizens in a society were commonly good, the society would carry out in harmony, as people would value the rights and freedoms of themselves and others.

- If a gov disrespects a minority there will be no motivation for the minority to act morally and show respect to the government

- If you are a minority and people don't show you respect, you won't want to engage in the society nor act in the interests of others (common good).

- If you don't work on one, you harm the other.

threats/challenges to common good and civil society

Lawlessness, vested interests, organised crime, corruption

lawlessness

- A general disregard for the laws of a particular place when people take the law into their own hands/disregard the importance of law = democracy is threatened

- incorporates actions that are referred to as crime: includes the most minor of offences to the most serious.

how can lawlessness cause harm?

- Human rights are neglected and abused, people disregard the rights of others and the importance of law= civil unrest, showing limited consideration for the opinions/freedom of others.

- Lawless societies are often targets for terrorism

- leads to: people living in fear of being attacked, destruction of property, people in jail, lost lives, many injured + emotional or financial damage

example of lawlessness

Danny Hodgson Case

- In September 2021, Hodgson was a one-punch victim in Perth outside a train station by a 17yr old teenager who was on bail at the time, punched in the head causing Hodgson to fall and hit his head on the ground

- He was left with permanent disability and almost died: ongoing seizures and a severe traumatic brain injury that saw him spend almost 100 days in a state intensive care unit

- He entered a long rehabilitation process, needing to relearn basic functions like eating again

- The teen was sentenced to three years and eight months in detention but was released on a supervision order back in May.

- Hodgson was impacted heavily, saying he had given up on his dream of having children with his partner, no chance of playing soccer again (played for ECU Joondalup FC), needing 24hr care

impacts of the danny hodgson case/lawlessness

Impacts for victim: ongoing impacts on victim's quality of life and future, well after the event, physical injury leading to potential (extended) hospitalisation, financial costs of recovery, emotional + financial impact on victims family/supporters

Impacts for offender: legal consequences of their criminal act, experience of jail+prison environment, ongoing difficulties connected to their criminal record (eg. employment), negative consequences for offenders family

Impacts for community: gov backlash (security/safety, response of police, justice system- not tough enough, offender shouldnt of been out in the first place)= loss of faith by the public, gov invests further in the justice system (eg. more police)= increased tax, redirect money from other areas, reputational damage to areas associated w lawlessness impacting business (ie. Northbridge's alcoholism deters families from their restaurants), shortages on ambulances + other health care venues as there are more injured/hurt

vested interests

- when individuals/groups within Australia demand special privileges, often by pressuring/lobbying the government to creating policies to their advantage (they'd have some sort of gain ie. financial/reputational)

- often represent a minority viewpoint but their actions are not illegal. Their perspective suits them but may not be in the interests of others or all.

- use money and connections to their advantage

how can vested interests cause harm?

- vested interests are said to be in best interest of the nation however in the process of promoting their own objectives, real debate about more significant issues become lost.

It can become a danger to democracy such as:

- It can change the dynamic of political debate as politicians are forced to manage demand of vested groups over wider implications of policy

- Allowing vested groups outside parliament to have an influence on policy/legislation can violate the authority of parliament

- Bodies that receive government funding are less likely to examine thoroughly government policy

example of vested interests

- The Minerals Resource Rent Tax was a tax on profits generated from the mining of non-renewable resources in Australia

- 30% tax on mining profits on coal and iron ore first introduced by the former Labor government in 2012, in which a company was to pay the tax when its annual profits reach $75 million

- Australia's gov repealed this tax after striking a deal with business tycoon Clive Palmer's political party who promised to repeal it won the 2013 federal election, the bill being passed in 2014

- Palmer's party had agreed to the move in return for certain concessions including freezing the govt's contributions to state pensions and keeping a bonus programme for school children.

- the only winners were mining companies, getting to pay $5.3billion less tax + continuing to receive $4.5billion in gov subsidies

- many losers: low income workers lost the low income superannuation contribution, households with children lost the school kids bonus, small businesses lost assistance measures, low income aussies lost the low income support bonus & workers with super suffered from a delay in the change of super contributions to 12%

organised crime

- large scale, organised, professional and business like groups dedicated to committing city wide, state wide, national and/or international crime

- these organisations can form syndicates that also operate legitimate businesses as "fronts" to disguise their more lucrative illegal activities

Include offences that:

o Involve 2+ offenders and sufficient, secretive and careful planning (the large range of lawless/criminal activities undertaken by gangs and other organised crime groupings)

o Involve sophisticated methods

o Involve black market goods, gambling rings, illegal drug dealings, bankruptcy, slavery, prostitution networks or matters of a similar kind

how can organised crime cause harm?

Organised crime affects everyone, eg:

- erodes the ability of the government to look after the public

- social and health effects of drugs and crime

- results in large costs- approx. $15 billion a year

- causes political instability in some neighbours, reduced trust and development and increased costs of trade and cooperation

- causes safety concerns for Australian citizens and investments overseas

- effect of undermining the relationship between Australia and regional neighbours as they're forced to focus their resources on fighting crime over building infrastructure and institutions of good governance

example of organised crime

Gangland killings in Melbourne- late 1990s to 2010:

- Melbourne became the location of 36 organised crime-related murders.

- Killings such as the Moran family (focused on the control of the sale of illegal drugs) and the Carlton Crew, were focused on gaining power over illegal activities that the different criminal groups controlled.

- The infamous gangland murderer Carl Williams confessed to 3 murders and was imprisoned in 2007, in which he gained celebrity-like media attention.

- Williams was later murdered in Barwon Prison in 2010 by a fellow inmate.

corruption

- The abuse of political/legal authority for personal gain (often financial) or to avoid personal loss

- Usually referring to politics, when a government works for themselves and their benefits rather than the benefits of their people

- while this may involve people of the highest levels, eg ministers, it can also involve lower level politicians or even government employees

how can corruption cause harm?

- Corruption prevents democracy, all sense of justice is lost.

- Human rights are lost, countries become unsafe, citizens lose trust in their leaders.

- The vulnerable, poor, or lower classed people are most affected by corruption, they are at the "bottom of the food chain."

- the lack of competition caused by corruption can result in higher prices and poorer quality of goods and services

- less value in the shares of shareholders

- can undermine the integrity of markets, and diminish public confidence in the commercial world

example of corruption

- From August 2013 to May 2014 in Canberra, Australia

- Lukas Kamay (former NAB banker) & Chris Hill (former ABS analyst) participated in corruption/insider trading

- Hill took handwritten notes from unpublished labour force, new capital expenditure, retail trade and building approvals data and sent the information to Kamay via his mobile phone.

- Kamay used the sensitive information to trade in foreign exchange derivatives via two trading accounts.

- Lucas betrayed Christ by trading bigger than their agreed amount, and pocketing extra money for himself, making a net profit of $7 million.

- Hill received less than $20,000 of that and had no idea Kamay had gone beyond the $200,000 limit they had agreed.

- Motivations: financial gain, personal greed

- This is corruption as for eight months, Chris had deliberately accessed highly confidential economic information and provided it to Lucas in clear breach of his employment obligations.

safeguards that protect Australia's democratic system

universal suffrage, shared values, right to dissent, dispute resolution processes

universal suffrage

- refers to the right to vote

- compulsory voting (attendance) makes sure that the majority of people support the government + avoids restricting the franchise

- only those u18 or serving jail time for 3+ years are restricted from voting

- each of the state, territory and federal parliaments throughout Australia is elected by the people to make laws on their behalf

- each state/federal electoral commission are responsible of ensuring that all elections are free, fair, frequent and conducted in accordance with state/Commonwealth Law

- when voting, real choice must exist (ie. no bias) + citizens are able to cast their vote in secret- important so all votes are freely made

how can universal suffrage work to maintain common good and civil society?

- By having these elections and votes, it is made possible that there is no bias or unfairness in regards to lawmaking and that all laws are made with the best interest of the citizens in mind

- laws can be made so that citizens can have a say in what they think is important to them and their lives

- laws do not only cater for a minority, but a majority as by allowing everyone to vote, it is assuring that their is a better representation of the citizens and what their opinions

example of universal suffrage

In Australia, there are many oppurtunities to vote:

- federal elections (3yrs)

- state/territory election (4yrs in WA)

- local gov elections (every 2yrs in WA)

- referendum elections to change the Constitution- eg. The Voice Referendum, 14 October 2023: Australians voted in a referendum about whether to change the Constitution to recognise the First Peoples of Australia by establishing a body called the Aboriginal and Torres Strait Islander Voice

- plebiscite (not Constitutional) vote of the public on an issue (ie. same-sex marriage)

- elections are conducted by an Electoral Commission (eg. AEC + WAEC) who are independent gov bodies that aren't connected to any political bias

shared values

- commonly accepted principles/beliefs in relation to political and legal rights and freedoms

- these values have been deliberately built into the way our political and legal systems operate to guarantee their existence

· Governments make/enforce laws protecting our shared values

· These laws protect many of our rights that are important to society such as a the life/liberty/security of a person and basic health care/education

· Government also provides structures (courts), services (hospitals) and social welfare benefits (aged pensions)

shared values of democracy - 4 principles

Shared values of democracy (4 principles)

· Inherent belief in the individual- individuals are able to be rational and moral

· Progress- democracies must adapt to accept/work with change

· Consensual society- desire to live with order, stability and cooperation

· Shared power- mandate of the people to rule, ensuring rulers do not use power for personal needs

how can shared values work to maintain common good and civil society?

- The laws created by the parliaments and governments ensure that all citizens are treated with dignity, equality and mutual respect

- by accepting that every citizen shares similar/identical values with the rest of the community, people are able to accept/respect one another as an individual and hence people will want to engage in society and act commonly good

- they influence the vast majority of people's behaviour in a positive way + Australians can live together in a cohesive society in a peaceful, inclusive manner

example of shared values

Values of Australian Democracy:

- adherence to basic human rights

- freedoms of: election/being elected, press + information, speech + religion, movement, association, assembly, dissent

- equality/equity

- rejecting discrimination in all forms

- rights/principles within the court system (justice, fair trial, presumption of innocence, right to silence)

- responsible government- gov is answerable to the parliament

- respect for rule of law

right to dissent

- The right to free expression and opinion/oppose the views of the gov without the fear of being punished

- dissent is a challenge to a dominant belief system

- a form of challenge in hopes of a particular outcome, whether it be beneficial for society or not.

- For right to dissent to be legal, it must be non-violent.

The three types of political dissent include:

- Protest and persuasion, including speeches, marches, and petitions.

- Noncooperation, including consumer boycotts and strike action.

- Intervention, hunger strikes, sit ins.

how can the right to dissent work to maintain common good and civil society?

- Dissent has been used numerous times within the country to shed light on the government's poor decisions and bring on significant changes (ie. better working conditions and better right for the aboriginal community)

- Though dissent is not always viewed in a positive light, it keeps governments accountable for their decisions, acting as a safeguard for the poor ones made

- serves as a form of feedback and allows governments to reassess their political decisions to make better ones. If they do not agree with the compromise, they can be voted out next election.

example of the right to dissent

- Strict anti-bikie laws were passed in Queensland 2013.

- The penalties were extremely severe with a jail sentence of up to 15 years if found breaking them.

- The laws prevent bikies from associating with one another, therefore preventing freedom of association and assembly.

- Bikies of Queensland attracted national attention with protests in capital cities to express concerns about the limits placed on individual liberties.

- The Queensland government is under pressure to appeal their laws.

dispute resolution process

- in order to keep peace, processes exist to help individuals/groups resolve their problems, including formal legal procedures or informal discussions:

1. negotiation- the parties gather and try to discuss the key issues in their dispute to reach a settlement

2. mediation- the two parties meet before an independent 3rd party (mediator) who help them to reach a mutually acceptable resolution

3. reconciliation- process of renewing a relationship between parties, usually requiring forgiveness on one/both sides

- disputes can happen for many reasons ie:

· different personalities and personality clashes

· unresolved problems from the past

· competition between employees

how can dispute resolution processes help to maintain common good and civil society?

- without these kinds of processes in place and professionals to guide us, people would be left to resolve their issues themselves, which could result in more aggressive outcomes

example of dispute resolution process

Courts such as the Magistrate's, District and Supreme Court are used when there is a criminal or civil issue. Within these courts there are judges and juries who can act as a third party to decide on a resolution to the issue.

structure of Australia's federal government

1. Constitution

2. English Monarch/Governor General

3. Separation of powers- legislative, executive, judiciary

4. citizens

The Constitution

- Embodies the values of the Australian democracy

- established the 3 arms of government in Australia (federal, state, local) and some of the processes/procedures of the Australian system of government

- Defines the powers and authority of the federal/state govt

- outlines the framework for the govt of Australia

- Includes the law-making powers of the Commonwealth Parliament

Governor General

- The Queen's Representative, appointed on the advice of the PM

- Under the Constitution, the GG's powers and duties include:

· Summoning/dissolving parliament

· Assenting to bills

· Appointing ministers + justices of the High Court/federal judges

· Setting up departments of state

- There is no specific term of office for the GG

Legislative

- Parliament:

· House of Representatives (Lower House, People's House, House of Government)

· Senate (Upper House, State's House, House of Review)

· Governor General

- Makes new Laws/changes or remove existing Laws

- The federal parliament makes federal laws within its power that apply to all of Australia

- For bills to be passed, they must be supported by both houses: the House of Reps (who usually introduce the bill) and the Senate (who considers this bill after passed by the HOR)

- Committees in both houses analyse proposed laws and report back on their findings

- Once both houses have passed the bill, the GG gives its royal assent on behalf of the Queen and then it is published and enacted into law (called legislation/statute/Act)

Executive

- Cabinet: Prime Minister, Senior Ministers

- Outer Ministry

- Federal Executive Council: GG, Prime Minister/Ministers

- Take care of the running of the government and administer the legislation passed by parliament

- PM selects the Cabinet (up to 30 ministers) in which they will decide major policy and legislative proposals

- Australia's Cabinet must answer to the elected parliament during question time/parliamentary committees= responsible government

Judiciary

- Court System: High Court of Australia, Federal Court

- Primary role of federal court system is to ensure the laws of Australia are obeyed (ie. Enforce/make judgements of the law)

- Responsible for settling disputes

- High Court is responsible for interpreting and applying the Constitution + ensures the other arms of govt don't act in ways outside their power as stated by the Constitution

- the Federal Courts can deal with any manner of law, including criminal, family and civil matters

- The Judges interpret the Law and are appointed by the GG on the advice of the PM and Cabinet

Citizens (Elections)

- For democracy to thrive, free and open elections are crucial

- Every few years Australians are given the opportunity to choose who they want to represent them in elections

- In Australia, it is compulsory for citizens over 18 to vote in a secret ballot

- Australians vote in federal, state and local elections (Voting in local elections are not compulsory)

Federal Government

· Deals with issues of a national interest.

· Has responsibility over;

- Taxation (Income)

- Defence

- Health (Medicare)

- Education (University & Tafe)

- Foreign Affairs & Trade

- Immigration

· Holds Exclusive and Concurrent power.

State government

· Deals with issues of a state/territory interest.

· Has responsibility over;

- Taxation (Stamp Duty & Licencing)

- Police

- Health (Hospitals & Doctors)

- Education (Primary & Secondary)

- Public Transport

- Roads (Freeways & Arterial roads)

· Holds Concurrent and Residual power.

Local government

(Councils) Deals with issues of a local interest.

· Has responsibility over;

- Taxation (Rates)

- Rubbish Collection

- Public Parks + Libraries

- Ovals & Recreation facilities

- Roads (Residential Streets)

· Holds Delegated power

3 Democratic Principles

De-centralisation of power, Representation + Participation, Scrutiny + Accountability

De-centralisation of Power

- political and legal authority is spread out over a number of people and institutions so that no one group can dominate

- the various people and institutions must work collaboratively to manage the political and legal system

- this is designed to minimise the chance of officials exercising power for their own gain or in the interest of a single perspective

How is De-centralisation of power addressed within Australia's system of government?

- the separation of power (three arms of government

- legislative, executive, judiciary)

- division of power (federalism - federal, state and local governments)

- within Parliament - HOR, the Senate and GG

- the federal government can not dominate because some of the lawmaking is not up to them

Representation

- there must exist individuals within the political and legal system whose role it is to speak on behalf of the citizens and residents of Australia

- these representatives ideally need to reflect a range of community perspectives

- they need to be able to engage meaningfully in the political and legal system

How is Representation addressed within Australia's system of government?

- members of parliament who reflect minorities and people who may not support Labor or Liberal

- members of the HOR represent the 100,000 people in their electorate

- members of the Senate represent their state/territory

- federal, state and local representatives

- easy to register to be a political party/individual

- lawyers/legal aid (free legal support) in the court

Participation

- this is the direct involvement of the community within the political and legal system

- opportunities to participate should be widely available, free in nature, and have real potential to be meaningful

How is Participation addressed within Australia's system of government?

- protests, social media presence, letter drops

- can form a political party or run as an individual

- citizens vote in elections for who to represent them in parliament

Scrutiny

- the ability to investigate decisions made by those with political and legal authority

- power must be exercised in a transparent way

- decisions must be able to be questioned

How is Scrutiny addressed within Australia's system of government?

- question time in parliament

- justifying how they made decisions using the power they have been given by voters

- two houses of parliament - the majority party in the HOR is usually not the majority party in the Senate

- High Court - an independent court system who can challenge the federal government about the Constitution

Accountability

- holding those with political and legal authority responsible for how they have exercised this authority

- involves the issuing of consequences when the exercise of power has been abused or when there is incompetence in the exercise of power

How is Accountability addressed within Australia's system of government?

- the High Court holds federal parliament accountable

- Senate can refuse to pass bills from the HOR

- Australians in the federal election vote in a new government

Define civil society

A civil society is a society that shares the same values and ethos, and places importance of law and order, and valuing democracy and freedom of speech. Signs of a civil society include volunteering, and people giving back to the community, and acting with civility.

-       At the very least, civil society involves the recognition, tolerance and acceptance of the diversity of people within aa given community that translates to the behaviour of choices people make in their interactions.

 

-       This is a society where diversity is acknowledged, respected, and embraced. Society recognises that the diversity of its members actually enhances the character of the society.

Define Common good

Common good is that the decisions of the society are made with the best interests of the entire society in mind. This follows that all input is valuable and should be taken into accord with decision-making.

 

-       Exercise of political/legal authority in what is genuinely in the best interests of a community as opposed to individuals.

While this is the ideal, in reality (even in a democracy) there exists the concept in “majority rule”. This is fine, as long as there exists opportunities for minority opinion/opposition, decisions are subject to future review (and possibly change) and minority rights are not trampled.

Define Globalisation

The growing interdependence of the world's economies, cultures, and populations, brought about by the exponential 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 specialize in production of resources and the provision of skills. This can result in cheaper provision of goods and services
- peace treaties made to prevent world wars
- 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
- cultures are respected and therefore more cultural inclusivity and borders are open further

disadvantages of globalisation

- 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
- countries too afraid to stand their ground on an issue because of their dependence on other countries for defence/other area.
- having to find money to pay back loans = countries getting broke therefore affecting the citizens' income

Specific example of globalisation

Challenges to globalisation specific example

WA & China- 2023
- WA needs a good relationship with China because they are our biggest importer of natural resources + biggest trade partner (our jobs and economy is based on China and India's trade relationship)
- China are also our biggest political/defence threat and one of the biggest polluters
The issue - we need China for our economy but that makes it really hard to say that we disagree with China's behaviour in the way it treats its own people, the way it treats other countries (particularly in the Pacific - Taiwan) and its neighbours (Tibet). China can punish Australia for its relationships with US, UK, Canada and our opinions by restricting trade.

Define 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 (response to unexpected events such as natural disasters and other crises) and military assistance.
- aims to improve the living standards of people in less developed countries

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

Specific example of foreign aid

- In 2004, the Boxing Day tsunami ravaged much of western Indonesia as well as many countries in the surrounding area:
- Members of Australia aid and military departments were immediately sent to the affected areas to organise and staff temporary hospitals and emergency response centres
- in the months after the tsunami, the Australian government pledged an aid package of $1 billion to the Indonesian government for longer term redevelopment projects
- this is a good example of how Australian governments respond to disasters through the provision of emergency aid

Define International Law

International law are the principles that guide the various relationships between nations and how these are translated into formal documentation (treaties).

Agreeing to a treaty

Signatory status- A representative of a nation signs the treaty on behalf of the nation's govt + its ppl. This represents a nation's acceptance of the principles/ideas behind the treaty, but nothing else. It does not obligate a country to fulfill the requirements of the treaty (words)
Ratification- occurs when a nation changes its domestic laws in order to fulfil the obligations of a treaty. New laws can be added, existing laws amended or deleted (actions)

Convention on the Elimination of All Forms of Racial Discrimination (CERD)- what is it?

- came into effect on 4 January 1969.
- the second human rights treaty authored by the United Nations, after the 1948 Universal Declaration of Human Rights. - Australia ratified the treaty on 30 September 1975.
- The treaty states that racial discrimination occurs when a person is given unequal or different treatment because of their race, colour, descent, ethnic origin or nationality.
- This unfair treatment is a violation of human rights and freedoms
- Eliminates racial discrimination and promotes understanding among all races.

Convention on the Elimination of All Forms of Racial Discrimination (CERD)- requirements under the treaty

When a country signs CERD, they agree:
- Not to engage/endorse any type of racial discrimination
- To alter policies and change laws which enforce or create racial discrimination
- To prohibit organisations that promote racial discrimination, racial hatred and violence
- To ensure that victims of discrimination are protected
- To recognise that creating laws does not erase racism alone; it needs to be supported through education and a change in political culture

Convention on the Elimination of All Forms of Racial Discrimination (CERD)- Changes to Australian Law (Federal/State) due to the Treaty

- When the charter was initially signed, human rights in Australia had little protection constitutional or legally. In signing the charter however, there was an understanding that Australia wanted to uphold its key principles and would endeavour to make the necessary domestic changes:
- Racial Discrimination Act 1975: introduced to federal parliament in June 1975. It took four attempts before the bill was passed in both houses. The crucial element in its eventual victory was the argument that Australia should uphold its international obligations under CERD. Advocates for the bill also argued that common law was no longer a sufficient protection of human rights.
- Amendments to the Racial Discrimination Act— In 1995, racial vilification provisions were added to the Racial Discrimination Act. Under Section 18C it is now unlawful to commit a public act that is reasonably likely to offend, humiliate, insult or intimidate an individual due to their race, colour, ethnicity or nationality. Section 18 outlined free speech exceptions. In 2014, there were proposals to change these provisions, but they were unsuccessful.

Application of the Koowarta case

High court
- Constitution
- Appeal process (court hierarchy)
- Power of the people
- Internal Laws & Treaty
- Human Rights
- Representation & Participating
- Accountability & Scrutiny

Customary law

Customary law: The origins of modern international law, early areas of agreement between nations over unacceptable behaviours, e.g. piracy (theft)

Treaty law

- modern agreements that exists between nations that involve significant and detailed written documentation outlining the specific features of any international relationship.
- more specific hence theres more obligations

The application of international treaty law in Australia - challenges

·      These modified and/or new laws are not necessarily popular among a significant portion of Australian adult citizens (the voting public). 

·      People may challenge the right of the Federal and/or State government to modify/make such laws in the first place.

·      The modified and/or new laws create tensions between the Federal government and the plans of the State governments in terms of their own law-making.  Who has ultimate authority in this situation – the national government or the states?

1.     Strengths and Weaknesses of Australia’s Performance - Asssylum seekers/refugees

Strengths- Increased hospitality towards asylum seekers.

Weaknesses - Whether our current policy is reflecting our international obligations, treatment of those in immigration detention centres violates international human rights obligations

1.     Strengths and Weaknesses of Australia’s Performance - indigenous rights

Strengths - Hopes of constitutional recognition for indigenous people, setting strong goals that have been acheived

Weaknesses - alchohol treatment legislation, as they should be helped and treated

1.     Strengths and Weaknesses of Australia’s Performance - environmental concerns

Strengths- Australia being a member of the kyoto protocol, and the carbon tax,

Weaknesses- Australia is too reliant on fossil fuels and needs to set stronger targets for reducing the effects of climate change in the future

define consitution

a national set of rules for governing a country, divided into 8 chapters, collectively containing 128 sections
- embodies the values of the Australian democracy
- established the 3 arms of government in Australia (federal, state, local) and some of the processes/procedures of the Australian system of government
- Defines the powers and authority of the federal/state govt
- outlines the framework for the govt of Australia
- Includes the law-making powers of the Commonwealth Parliament

six purposes of consitution

it outlines democracy;

the rule of law;

separation of powers;

federalism;

nationhood

rights

·      Koowarta v Bjelke -Peterson & Ors (1982)- parties in the dispute,

John Koowarta, Queensland Indigenous Australian.

Joh Bjelke-Peterson - premier of queensland

·      Koowarta v Bjelke -Peterson & Ors (1982) - issues in the dispute

Koowarta had used funds from the Aboriginal land fund commision (fully allowed to) to buy land, it drew attention of the queensland government, and before it could be completed, it was blocked by the state government.

Bjelke-peterson did not approve of the sale, directing the minister of lands to block it.

Koowarta made a complaint to the Human rights and equal opportunity commision, on the basis thagt the blocking was discriminatory.

the commision upheld the complaint, but the queensland government took it to the queensland ssupreme court. , then it went to the high court of australia.

Koowarta v Bjelke -Peterson & Ors (1982) -Aspects of International Law, the Constitution & Domestic Law in Conflict

(The Human Rights and Equal Opportunity Commission was established under hte Commonwealth Racial Discrimination Act 1975 as a result of Australia ratifying the Universal Declaration of Human Rights in 1948 and then signing the UN Convention on the Elimination of Al Forms of Racial Discrimination (CERD) on 13 October 1966.)

the govt argued to the High Court that the Racial Discrimination Act (the federal law upon which the HREOC based its finding in favour of Koowarta - also a law linked to the signing of the UDHR and CERD international treaties) was invalid under the constitution as the power to create this law was neither an exclusive nor concurrent power - the federal government had interfered in a state matte

This was supported by Section 109 which states that where there is inconsistency between state and federal law, federal law prevails.

Koowarta v Bjelke -Peterson & Ors (1982) - decision

In favour of Koowarta and federal government because the commonwealth/federal government could sign to treaties and pass laws that would give effect to australia, and that when federal and state law contradict, federal law dominates

Koowarta v Bjelke -Peterson & Ors (1982) - impact of decision

In 1988 the Queensland Supreme Court was allowed ot rule on the original case and ti allowed the sale to go ahead. The High Court had upheld an international treaty and is domeste application.

This decision has created a precedent whereby (under circumstances like those above) federal power has expanded relative to the authority of the states.