Governance Theory - Legal Studies IA1

Governance

The process of interactions through the laws, norms, power, or language of an organized society over a social system.

Political Processes

The interactions and functions that exist in and between formal institutions in a society.

Governing Bodies

Entities that can govern, including formal bodies like state governments.

Rule of Law

Constitution

The document that outlines the systems of governance in Australia, divided into chapters and sections.

Bicameral Parliament

A parliament with two houses, consisting of the Senate and the House of Representative.

Unicameral Parliament

A parliament with one house is typically found in smaller jurisdictions. For example, Queensland abolished its upper chamber of government (senate).

Jurisdiction of Governments

Exclusive Power

Powers granted solely to the federal government under the Constitution.

Concurrent Power

Powers shared between Federal and State Governments as provided by the Constitution.

Residual Power

Powers that are not specifically delegated to the federal or state governments, remaining with the states.

Separation of Powers

S128 of the Australian Constitution

Passing Legislation

Process of changing Constitution

Requirements for successful Referendum

Strengths on S128

Weaknesses on S128

Role of the High Court

Role of the Judiciary

Role of Parliament vs Courts

Mabo Case

A significant legal case recognizing the land rights of the Meriam people and overturning the doctrine of terra nullius, in which Mano was name the plaintiff.

Mabo’s critique of Australian Legal System

Significance of Mabo’s Case

S109

S109 Implications

Representative Government

Responsible Government

S44

S44 Pros & Cons

House of Representatives

The Senate

Electoral Mandate

The authority granted by the electorate to a party or candidate to govern.

National Ballot

A voting system where citizens participate to select candidates for public office or decide policy issues in national elections.

Transparency

Openness in government processes, allowing public scrutiny and participation.

Civic Engagement

The participation of citizens in the political process and in community activities.

Rights of the Accused

Legal protections afforded to individuals accused of crimes.