VCE Legal Studies: Parliament, the Constitution, and Courts in Law-Making

Comprehensive vocabulary flashcards covering the bicameral parliamentary system, international pressures, representative democracy, separation of powers, express rights under the Australian Constitution, and statutory interpretation.

Rubber stamp

A group of elected representatives in the upper house that approves the government's decisions with little oversight, typically occurring when the government holds a majority in both houses.

Balance of power

The support of minor parties or independents in a house of parliament that enables the government to form a majority and enact its law-making.

Crossbench

The members who do not belong to the major political parties in a chamber of parliament, specifically Independents and members of minor parties.

Hostile upper house

An upper house in which the government does not hold a majority of seats, allowing for greater scrutiny and debate of proposed legislation, but potentially delaying the passage of bills.

International pressures

The influence that other countries and international organisations exert on parliaments to ensure the laws created comply with international standards.

International law

A set of rules and principles that regulate the conduct of countries and international organisations.

International treaty

An agreement between two or more countries or international organisations (also referred to as a covenant or convention) that creates binding international rights and obligations.

Ratification

The formal agreement or undertaking by a country to be bound by the terms of an international treaty, providing time to ensure domestic legislation is consistent with the treaty.

Section 51(xxix) of the Australian Constitution

The external affairs power of the Commonwealth Parliament, which allows it to pass domestic legislation to give legal effect to international treaties it has signed and ratified.

International declaration

A non-binding agreement between two or more countries that establishes the aspirational rights and obligations that parties to the agreement seek to enforce.

Abstention

When a participant in a vote does not vote in favour of, or against a proposal or motion, deciding not to participate in the vote at all.

United Nations (UN)

An intergovernmental organisation formed in 1945, composed of 193 Member States as of 2023, that aims to promote better living standards and human rights, maintain international peace and security, and develop friendly relations among nations.

Universal Periodic Review (UPR)

A process taking place every four years in Geneva used by the United Nations to ensure each Member State is upholding its commitments under international law, allowing states to recommend domestic law reform.

Group of Twenty (G20)

An intergovernmental forum comprising 19 countries, including Australia, and the European Union that meets annually to strengthen international economic cooperation and discuss global issues.

World Trade Organisation (WTO)

An international body comprising 164 nations that determines international trade rules and is involved in negotiating, monitoring, and enforcing international trade agreements.

Amnesty International

A non-governmental organisation and global movement active in more than 150 countries that advocates for human rights and pressures parliaments to change laws that violate human rights.

Democratic society

An organised system of people living in a community, in which the laws and processes that govern people's lives are created by elected representatives.

Member of parliament (MP)

An elected, political representative of people who live in a certain area, such as an electorate, district, or state.

Electorate

A geographical area with approximately 100,000 to 120,000 voters residing within the area.

Electoral district

A geographical area with a given population of individuals residing within the area that vote to elect one member to represent them in Parliament.

Electoral roll

The list of names of all Australians who are enrolled to vote, requiring an individual to be an Australian citizen and at least 18 years of age.

Government of the day

The political party or coalition that holds a majority of seats in the lower house of parliament.

Crossing the floor

When a member of parliament votes against their own political party's stance on a bill, often to vote in alignment with the views and values of their constituency.

Representative government

A system established and protected by sections 7 and 24 of the Australian Constitution in which members of parliament are directly chosen by the people to represent their needs and views in law-making.

Remand

The legal status of an accused person when they are held in custody awaiting trial rather than being released on bail.

Roach v Electoral Commissioner (2007)

A High Court case ruling that a complete blanket ban on all prisoners voting was unconstitutional under ss 7 and 24, though disqualifying prisoners serving sentences over three years remained a valid limitation.

Ultra vires

A Latin term meaning 'beyond the powers'; used in constitutional law to describe an act or law made by parliament or a government body without constitutional legal authority, rendering it invalid.

Standing

The requirement that an individual or group must be directly affected by, or have a special interest in, the legal issues involved in a case in order to have the right to commence proceedings in court.

Implied right

A right that is not explicitly stated in the text of the Australian Constitution but has been interpreted by the High Court to exist, such as the implied right to freedom of political communication.

Separation of powers

A constitutional principle dividing Commonwealth authority into three independent branches (legislative, executive, and judicial) to prevent abuses of power and ensure checks and balances.

Legislative power

The power vested in the Commonwealth Parliament under section 1 of the Australian Constitution that enables it to make and alter laws.

Executive power

The power vested in the King and exercisable by the Governor-General under section 61 of the Constitution (carried out in practice by Cabinet and government departments) to maintain and administer laws.

Judicial power

The power vested in courts and tribunals under section 71 of the Australian Constitution to apply laws, resolve legal disputes, and enforce justice independently from the legislature and executive.

Cabinet

The primary decision-making body of the government, comprising the Prime Minister (or Premier) alongside senior ministers, responsible for setting policy and deciding legislative priorities.

Express rights

The five human rights and legal entitlements explicitly stated and entrenched within the text of the Australian Constitution that cannot be altered by parliament except via a referendum.

Acquisition of property on 'just terms'

The express right protected under section 51(xxxi) of the Constitution requiring the Commonwealth Parliament to provide fair and reasonable compensation when acquiring property for public purposes.

Trial by jury for Commonwealth indictable offences

The express right protected under section 80 of the Constitution guaranteeing that any person tried on indictment for an offence against a law of the Commonwealth must be judged by a jury with a unanimous verdict.

Interstate trade and commerce

The express right protected under section 92 of the Constitution ensuring that trade, commerce, and intercourse among the States shall be absolutely free from discriminatory or protectionist burdens.

Freedom of religion

The express right protected under section 116 of the Constitution restricting the Commonwealth from establishing a religion, imposing religious observances, prohibiting free religious practice, or imposing religious tests for office.

No discrimination based on state of residence

The express right protected under section 117 of the Constitution preventing a resident of one Australian state from being subjected to discriminatory treatment or disability in another state.

Statutory interpretation

The process by which judges give meaning to ambiguous words and phrases in legislation when interpreting and applying the statute to resolve a case before the court.

Precedent

A legal principle or ruling established by a court in a case that serves as an authority or guide for judges deciding subsequent cases involving similar facts or legal issues.

Deing v Tarola [1993]

A landmark Victorian Supreme Court case in which statutory interpretation narrowed the definition of 'regulated weapon' under the Control of Weapons Act 1990 (Vic) to exclude studded leather belts.