Rule of Law and Separation of Powers

What does supremacy of Constitutional Law mean?

Every person and organisation as well as institutions of government are bound by the principles in constitutional law.

What does it mean that the Australian Constitution is supreme?

All laws of the nation draw their authority from it.

What does equality before the law mean?

No one is above the law, whatever their social, economic or political position.

What does existence of fundamental human rights mean?

All institutions of government must exercise power knowing that individuals have fundamental rights at all times and under all circumstances. Laws cannot be made to remove these rights.

What are the 3 features of the rule of law?

Australian Constitution supremacy, equality before the law, and the existence of fundamental human rights.

What is Constitutional Monarchy?

A system of Government where a British King or Queen is the hereditary head of state who exercises power in accordance with a written constitution.

What is Monarchy?

Where executive power is vested in the British King or Queen.

What is a Republic System?

Where a nation elects their own head

Explain the federal nature of the Commonwealth

Australia’s federation is currently the union of six independent states, three self-governing territories and one national government. 

Why do we need laws?

To prevent conflict and the infringement of rights

What is a legal system?

A framework of rules and institutions that govern a community

What is the separation of powers?

The arms of government act as checks and balances on each other’s power

Why do we need the separation of powers?

To protect human rights, as it prohibits arbitrary power, so that no one person or body of people become too powerful

How is power balanced?

By spreading the power between those who make the law (the legislative), those who enforce the law (the executive) and those who apply the law (the judiciary)

What is the Australian Constitution?

A legal document setting out the basic laws for the government of Australia

What is the purpose of the Constitution?

To define how power is shared within Australia

Why is the separation of powers incomplete?

The legislative and the executive overlap, as the leaders of the executive also sit in Parliament