VCE Legal Studies: Civil Remedies, Parliaments, the Constitution, and Law-Making

Vocabulary flashcards covering civil remedies, the Commonwealth and Victorian parliamentary systems, constitutional division of powers, section 109, the external affairs power and Tasmanian Dam case, the legislative process, and upper house compositions.

Damages

An award of monetary compensation to the plaintiff that aims to compensate for the loss caused by a civil breach and restore the plaintiff to their original position before the breach occurred.

Injunctions

Court orders compelling a party to do something, or preventing a party from doing something, in order to restore the plaintiff to their prior position or prevent future harm.

Mandatory injunction

A type of injunction that compels or orders a defendant to perform a specific action to prevent further harm to the plaintiff.

Restrictive injunction

A type of injunction that prohibits or prevents a defendant from doing a specific action.

Constitutional monarchy

A system of government in which the Crown is the Head of State, but elected representatives have the power to create laws.

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.

Election

A public voting process in which new representatives are chosen to be part of parliament, and from which a government is determined.

Bicameral parliament

A law-making body with two houses or chambers that must approve of new bills or amendments to laws.

Commonwealth Parliament

The federal, bicameral parliament of Australia, established in 1901 and located in Canberra at Parliament House.

House of Representatives

The lower house of the Commonwealth Parliament, comprised of 151 members of parliament representing electorates across Australia who serve terms of at most three years.

Government

A group of people that work, with authority, to rule and manage a community of people, such as a country, state, or local area.

Electorate

A geographical area comprised of approximately 110,000 voters represented by a member of the Commonwealth Parliament.

Political party

An organisation comprised of members of similar ethos and worldviews with the primary aim to compete in elections to achieve societal and political goals.

Prime minister

The most senior minister in a government who acts as the leader of the government and their own political party.

Coalition

An alliance between two or more political parties with the aim of working together to form a government.

Crossbench

The members of parliament who do not belong to the major political parties, consisting of independents or members of minor political parties.

Bill

A proposed law introduced in a parliament by a member of one of its houses.

Section 53 of the Australian Constitution

A constitutional provision requiring that all bills in relation to government expenditure, such as taxation and appropriation bills, must be initiated in the House of Representatives.

Senate

The upper house of the Commonwealth Parliament, comprised of 76 senators (12 for each of the six states and two for each of the two mainland territories) serving six-year terms.

Governor-General

The representative of the monarch in the Commonwealth Parliament, appointed by the King on the advice of the prime minister of the day.

Royal assent

The formal and final approval granted by the monarchy, or a representative of the monarchy, for a proposed piece of legislation to become law.

Executive Council

A group of senior government ministers with the role of advising the Crown's representative on government matters.

Section 58 of the Australian Constitution

A constitutional provision empowering the Governor-General to grant royal assent, withhold royal assent, or return a bill to parliament with suggested amendments.

Legislative Assembly

The lower house of the Victorian Parliament, comprised of 88 members of parliament representing electoral districts across Victoria who serve four-year terms.

Electoral district

A geographical area comprised of approximately 50,000 voters (between 46,000 and 56,000 eligible voters) represented by a member of the Victorian Parliament.

Legislative Council

The upper house of the Victorian Parliament, comprised of 40 members of parliament representing eight regions across Victoria who serve four-year terms.

Region

One of the eight larger electoral divisions of Victoria (five metropolitan and three regional) that each elect five Legislative Council members.

Governor

The representative of the monarch in each of the six Australian states who acts as Head of State, chairs the Executive Council, and grants royal assent.

Division of powers

The constitutional allocation of law-making powers between the Commonwealth and state parliaments, divided into exclusive, concurrent, and residual powers.

Exclusive powers

Law-making powers granted only to the Commonwealth Parliament by sections 51 and 52 of the Australian Constitution, such as currency, defence, and border protection.

Concurrent powers

Law-making powers shared between both the Commonwealth and state parliaments under section 51 of the Australian Constitution, including marriage and taxation.

Residual powers

Law-making powers not granted to the Commonwealth Parliament in the Australian Constitution that belong solely to the state parliaments, such as education, police, and criminal law.

Head of power

Constitutional authority explicitly granted in the Australian Constitution that enables the Commonwealth Parliament to create valid legislation on a specific subject matter.

Section 109 of the Australian Constitution

A constitutional mechanism stating that when a state law is inconsistent with a Commonwealth law, the Commonwealth law prevails and the state law is invalid to the extent of the inconsistency.

International treaty

An agreement between two or more countries or international organisations that creates 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.

Section 51(xxix) of the Australian Constitution

The external affairs power, which grants the Commonwealth Parliament the power to make laws for the peace, order, and good government of the Commonwealth with respect to external affairs.

Commonwealth v Tasmania (1983)

A landmark High Court case where a 4:3 majority ruled that the Commonwealth Parliament could enact legislation under the external affairs power to give effect to an international treaty, even in areas of residual power.

Westminster system

A parliamentary system that originated at the Palace of Westminster in Britain in the 1200s, featuring two houses, a Head of State, elected representatives, and vested legislative power.

Legislative power

The power vested in parliament that enables it to make laws.

Unicameral parliament

A parliament that has only one house for law-making, exemplified in Australia by Queensland, the Northern Territory, and the Australian Capital Territory.

First reading

The stage of the legislative process where the minister formally introduces the bill by reading its title and distributing copies to members.

Second reading

The stage of the legislative process where the bill is debated and scrutinised, after which the house votes on whether it should progress.

Consideration in detail

An optional stage in the legislative process where members examine the bill by voting on each clause and suggesting amendments.

Third reading

The stage of the legislative process where final amendments are proposed and considered before the bill is officially voted on by the house.

Commencement

The point at which a bill becomes enforceable law, occurring either on the date specified within the Act or 28 days after receiving royal assent if no date is specified.

Government of the day

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

Cabinet

A central decision-making body consisting of the prime minister (federal) or premier (state) alongside senior ministers who develop government policy and address issues of concern.

Constituent

A person who votes for, and is then represented in government by, an elected official.

Hostile upper house

A parliamentary situation where the government of the day does not hold a majority in the upper house, leaving the balance of power with the opposition, minor parties, and independents.

Rubber stamp

A scenario where an upper house is controlled by a government majority, resulting in legislation passing with reduced scrutiny and debate.

Voting along party lines

The practice of members of parliament voting in unity with their political party to pass bills, regardless of whether it aligns with the views of their constituents.