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Study guide (notes): https://peppermint-brook-af9.notion.site/Test-2-Study-Guide-473c9a1de118419e8e870f14a45a66a8
What does the term “separation of powers” refer to?
Separation of powers refers to the idea that a government can be split into multiple branches, or arms, of government in order to prevent corruption or abuse of power. Each of these arms will serve as “checks and balances” on each other, ensuring that there are fail safes in place to prevent each arm from corrupting.
What 3 arms of government is the Australian Commonwealth split into?
Legislative, executive, and judiciary
What does the judiciary arm of government consist of?
The High Court and other federal courts
What does the executive arm of government consist of?
The Prime Minister, the other department ministers, and the King, and the Governor General
(note: the GG is in both the legislative and executive arm of government)
What does the legislative arm of government consist of?
Parliament (The Senate and The House of Representatives), as well as the Governor General
What does the executive arm of government do?
The executive arm of government enforces the laws created by the legislative arm of government.
What does the legislative arm of government do?
The legislative arm of government creates new laws and bills, votes on them, and then possibly passes them to be enforced by the executive.
What does the judiciary arm of government do?
The judiciary arm of government interprets the law and applies it to cases. Furthermore, the High Court interprets the constitution and examines cases of high federal significance, as well as laws that may be deemed unconstitutional.
What is federalism?
Federalism is the idea that the government should be split into different levels, each with different responsibilities. In Australia, there are 3 different levels of government - federal, state, and local.
What are examples of some powers of the federal government?
Law, money/economy, immigration, defence and security, military, trade, international relations.
What are examples of some powers of the state government?
Large roads, hospitals, education, water and electricity
What are examples of some powers of local governments?
Small roads, rubbish collection, dog registration, cleaning of public areas
What does the term constitutionalism mean?
Constitutionalism is the idea that a country in its management should follow a document that outlines key ideas and principles which every law should abide. This document is referred to the constitution - no one should be above the constitution.
What is a constitution?
A constitution is a document outlines key laws, ideas, and principles by which a country should be run and managed. Nobody is above a constitution and in Australia, in order to change the constitution, a referendum must be held.
What is the process for changing the constitution in Australia?
The process for changing the constitution in Australia involves a referendum, which is initiated by the federal government. The proposed change must be approved by both houses of parliament, and then put to a vote of the Australian people. For the change to be successful, it must be approved by a majority of voters nationwide, as well as a majority of voters in a majority of states.
What does the term representative democracy mean?
The term representative democracy refers to a type of democracy in which citizens vote for, or elect, a representative to represent their beliefs within the federal government. Those representatives then make federal decisions with the beliefs of the people that elected them in mind.
What is the role of the Senate in Australia?
The Senate in Australia is one of the two houses of the Australian Parliament. Its role is to review and scrutinize legislation proposed by the House of Representatives, represent the interests of the states and territories, and act as a house of review for government decisions and actions. The Senate also has the power to initiate and pass bills, and to investigate issues of national importance through committees.
What is the role of the House of Representatives in Australia?
Its main role is to represent the people of Australia by passing laws and making decisions on matters such as taxation and government spending. The House of Representatives is also responsible for electing the Prime Minister and the government, and holding them accountable for their actions.
What are the roles and powers of the High Court in Australia?
Its roles include interpreting the Constitution, hearing appeals from lower courts, and resolving disputes between states and the federal government. The High Court also has the power of judicial review, which allows it to declare laws unconstitutional.
What is the High Court's appellate?
Lower courts can appeal cases to the higher courts, including the High Court. If this happens, the decision of the High Court is the final decision of the case.
What is the High Court’s original jurisdiction?
Original jurisdiction refers to the resolution to the cases submitted directly to the High Court, and from there the High Court makes an original decision, unlike the appellate with cases that have been previously examined.
What is the doctrine of precedent?
The doctrine of precedent is a legal principle that requires judges to follow the rulings and interpretations of higher courts in similar cases. This helps to ensure consistency and predictability in the application of the law.
Note: the High Court is not bound by precedent, since it is the highest court.
What is the court hierarchy in Australia?
The High Court
State Courts
Family or Magistral Courts
What is the Dual Citizenship case of 2017?
In 2017 the High Court took on a case that has been circulating Parliament regarding the eligibility of members of Parliament to have a dual citizenship.
The High Court ruled that members of parliament should not have a foreign citizenship, and will only be eligible to run for Parliament if they have either made a significant effort to revoke their citizenship, or if they never had it in the first place.
A total of 7 senators were examined and 3 had to resign.
Give an example of a landmark case of the High Court and its impact.
Daniel Love vs Commonwealth
In 2019, Daniel Love lost his permanent residency visa due to committing a crime
As a result, the government tried to deport him under section 51 of the constitution - that Love was an “alien” (foreign citizen) and therefore should be deported
Daniel Love then took the matter to court and argued that he was an Aboriginal Australian, and cannot be considered an alien
The High Court agree and set a precedent that ATSI Australians cannot be deported under the 1958 Migration Act
Impact: Aboriginal Australians can no longer be deported due to their ethnicity, and this reduced the stigma and legal discrimination against ATSI people.
Define liberal democracy.
Liberal democracy is a form of government that combines the principles of liberalism, such as individual rights and freedoms, with democratic ideals, such as free and fair elections and the rule of law. In a liberal democracy, citizens have the right to participate in the political process, express their opinions, and hold their leaders accountable through regular elections. The government is also limited by a constitution and the rule of law, which protects individual rights and prevents abuses of power.
What are the 4 frameworks of a liberal democracy?
Justice, power, legitimacy, and freedom
What does the justice framework of a liberal democracy refer to?
Every citizen must be treated equally and fairly, and have a right to be heard in court. Furthermore, a structure, similar to a meritocracy should be established where citizens are awarded for accomplishments instead of race, religion, or gender (etc).
What does the freedom framework of a liberal democracy refer to?
Every citizen must have self-determination and the opportunity to make their own choices, essentially do whatever they want within the law.
The law should be reasonable and no infringing on the freedoms of the citizens.
What does the power framework of a liberal democracy refer to?
The power of the government should be limited using checks and balances, there should be some efforts made to limit its power - this can be done in different ways, in Australia this is with a constitution and separation of powers.
The government must not be above the law.
What does the legitimacy framework of a liberal democracy refer to?
The government must have appropriate mandate to rule to prevent corruption. This can often be enforced through frequent elections, to ensure that the people in Parliament are those that actually represent the views of the people.
What are the 4 key principles of a democracy?
belief in the individual
belief in reason and progress
belief in shared power
belief in society
What are some threats to the justice framework of a liberal democracy?
political interference in the judiciary, erosion of civil liberties
lack of access to justice for marginalized groups
corruption within the justice system.
What are some threats to the freedom framework of a liberal democracy?
authoritarianism
censorship
surveillance
corruption
erosion of civil liberties
social discrimination
What are some threats to the legitimacy framework of a liberal democracy?
Some threats to the legitimacy framework of a liberal democracy include
corruption
voter suppression
unreasonable restrictions for standing for office
gerrymandering (manipulation of electoral boundaries in order to win an election)
media manipulation
erosion of civil liberties
lack of information
rare voting periods
inaccess to voting areas
What are some threats to the power framework of a liberal democracy?
authoritarianism
corruption
erosion of civil liberties
political polarization
bribery
How is the framework of freedom within a liberal democracy upheld in Australia?
rights are protected (Constitution, rule of law, separation of powers, committees, and organisations)
government’s powers are limited through the Constitution and separation of powers
How is the framework of justice within a liberal democracy upheld in Australia?
rights are protected through the law essentially
How is the framework of legitimacy within a liberal democracy upheld in Australia?
regular free and fair elections,
an independent judiciary,
a free press
a system of checks and balances between the executive, legislative, and judicial branches of government
Constitution outlines the rights and responsibilities of citizens and the government
How is the framework of power within a liberal democracy upheld in Australia?
constitution and law limits power of the government
separation of powers prevents corruption
Note
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