rep and responsible gvt + judicial independence

representative gvt definition

the representation of the people through their government- in Aus this is through indirect democracy.

elements of representative gvt

1) payment of MPs

2) one vote on value + secret ballot

3) universal franchise (citizens over 18 given chance to vote)

4) regular elections

5) parliamentary privilege

6) rule of law

responsible gvt definition

system of gvt based on the British Westminster system form of parliamentary democracy that means a parliament will meet to debate issues and make laws while an unelected body will perform an executive function to administer and enforce these laws. the executive is drawn from elected parliament members and held directly responsible to the parliament (therefore only indirectly responsible to the people)

responsible gvt key features

1) senate is expected to pass supply bills

2) ministers must be MPs (codified in cmwlth/state const)

3) relationship between legislative and executive

4) exercise of executive power

5) accountability

6) convention that GG acts on advice of PM provided that certain conditions exist

GG acts on advice of the PM provided that 3 conditions exist:

1) PM +gvt commands majority of LH

2) PM can guarantee the passage of supply bills

3) PM's advice is consistent with const. law

conventions of responsible gvt

1) ministers can sit in both houses on front benches

2) PM is head of gvt and must sit in LH to right of speaker

3) speaker has unlimited access to GG to identify which party leader has confidence of house

4) HCA is independent therefore cannot give legal advice to gvt

main roles of fed gvt

1. signing conventions at UN and treaties with other nations
2. appointing judges and heads of departs.+ statutory authorities
3. agreements/contracts with other gvts\\
4. drafting bills for parliament
5. responsible for administering statutes made by federal parliament- accept responsibility for gvt departments and statutory authorities such as depart. of education, health, police, collection of taxes
6. deciding gvt policies e.g. immigration numbers
7. making regulations via delegated power from enabling acts

federal executive power 3 main arms

1. Const/codified arm
2. convention
3. general admission/public service

constitutional rules

1. the GG exercises executive power and accepts advice from the FEC
2. ministers are appointed and dismissed by the GG,
3. ministers are the head of government departments and must be members of parliament
4. civil servants are appointed by the GG or delegates

conventions of const gvt

1. exec gvt is formed from the LH majority party
2. the PM is sworn in as the head of gvt by the GG because the majority party selected them as their leader
3. the GG swears in the ministers as the PM advises
4. GG exercises exec power on the advice of these ministers at FEC

forming federal gvt

1. members of parliament directly elected by the people in election
2. Party gains majority in LH and chooses leader & members of cabinet
3. PM and minister get sworn in by GG
4. PM allocates portfolios to ministers
5. cabinet formed by ministers who meet weekly with GG and PM in private (as the fec) to form gov policies (convention of responsible gvt- responsible to themselves)

exec gvt- cabinet composition

Majority party  -  headed by P.M. \[Commonwealth\]  Premier \[State\]  Chief Minister \[Territories\] other members are ministers

* fed gvt: 30 ministers
* SA gvt: 14 ministers
* junior ministers: not members of the cabinet but assist cabinet ministers with their portfolio

judicial independence

crucial in a democratic society where the judge must be free from interference or intimidation. this is achived by not performing a legislative or executive function. performs the cornerstone of the separation of powers, it is vital if the courts want the confidence of society. 

judge appointment

judges appointed by GG on advice of attorney general or the cabinet

grounds for judge dismissal

crime or proved incapacity- wither physical or mental (e.g. dementia) however this is not common

judge pay

fixed remuneration-pay cannot be diminished, it only increases to prevent judges from being forced to retire

judge tenure

permanent position, however, judges must retire by 70 (65 for family court) as per 1977 referendum. this prevents judge's potential less progressive views from stopping progression with society values in court decisions

judge privilege

the privilege of not being able to be sued for defamation- they have the freedom to say what they want (within reason) in a court case

original jurisdiction definition

the principle of a democratic state to exercise power in an independent judiciary- done by the HCA which is primarily a court of judicial review

appellate jurisdiction definition

parties in a dispute have the legal right to ask an appellate (appeal court) to review the decisions of a judge in a court of original jurisdiction

doctrine of ultra vires

acts as a safeguard against unlawful and arbitrary use os power by legislative and executive which ensures the appropriate application of the rule of law

chain of accountability definition

complex web of checks and balances to ensure each person in executive arm follows rule of law with no arbitrary power

ways gvt is held responsible to electorate

1. ministers must answer questions about their policies and department from opposition (question time in parliament)
2. ministers must be MPs so citizens have access (indirect democracy)
3. minister resigns if they lose confidence of palrt or misleads it (uncommon)

role of judiciary in responsible gvt

responsibility to act as the 'keeper' of the const by not being involved in either executive or legislative matters and provide an impartial body to decided when either arm has overstepped their power