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Rule
Guideline created & enforced by a group or organisation that applies to those in the group or organisation
Law
Guideline created by the parliament or courts and enforced by the courts
Difference between Laws & Rules
Created and enforced by different people
Differing punishments, e.g. Jail vs infringement
Social Cohesion
A society where members work together for collective wellbeing.
How the government maintains social cohesion
By creating and enforcing laws that protect rights, maintain order, and resolve disputes fairly.
Treating everyone equally under the law results in more trust and stability within society.
Examples:
Racial Discrimination Act - promoting equal, encouraging tolerance (made racial discrimination illegal)
National Firearms Agreement - enhanced public trust & sense of safety (Gun control measures)
Marriage Amendment - fostered greater acceptance and inclusion (Legalise same-sex marriage)
Democracy
A system of government where the people hold the power to make decisions, usually through voting.
Representative Democracy
A system where citizens elect officials to make political decisions on their behalf.
Freedom of Speech
The right for someone to express their views without censorship, restraint, or legal consequences.
Freedom of Assembly
The right to gather with others in order to express views, exchange ideas, or have peaceful protests.
Responsible Government
Means that the executive branch (government) is accountable to the legislative branch (parliament).
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from having complete control
Purpose —> Ensures the power held by our government is not wielded by one person or group.
Federal Government
Concerned with the running of and regulation of the whole country
Have power over things in Australia such as Defence, Currency, and International Trade
Includes the House of Representatives and the Senate
State Government
Concerned with the running/regulation of the individual states and territories
Have powers over things like Education, Public Transport, and Police.
Local Government
Concerned with the running of and regulation of the electorates and suburbs across Australia
Have powers over things like such as Rubbish Collection, Footpaths, and Sewerage
In Australia there are 150 electorates and hundreds more councils
Constitution
The basic rules and principles that determine how a country or organisation is run
Australian Constitution
Document that outlines how the country should be governed
Includes both rights and responsibilities of the citizens
Created/formed on January 1st 1901 (Date of Federation)
Before the Constitution
Before constitution each state ran separately, causing a lack of consistency between states
The states imposed taxes on each other, limiting trade between the colonies
There were 3 different railway systems that had different rails, making trade and travel difficult
In late 1800’s there was fear that separate colonies wouldn’t be able to defend themselves \
¾ of Australian population were born in Australia by the late 1800s, people felt more Aussie>British
Why the Constitution was created
better consistency between states
Increase economic growth by improving trade, banking, laws, & provide a common infrastructure.
benefit from having only one united defence force
Desire to minimise arrival of non-British immigrants
What the Constitution Does
Created a federal government system with 6 states under a national government
Listed what laws the national Parliament can make
Set up Parliament's structure (House of Representatives, Senate, plus the Crown)
Established the High Court to settle disagreements about what the Constitution means
Protected some basic rights by limiting what laws Parliament can make (like preventing laws that restrict religious freedom)
Ensured Australia's parliament operates on democratic principles
Referendums
Referendums = A vote where all citizens decide yes or no on one specific political question.
The government can't change it on their own, they need approval from voters (thru referendum)
Stops the government from changing the rules to give themselves more power
How to change the Constitution
Step 1. A proposed change must be approved by most members of both the Houses
Step 2. 2-6 months later, all Australians vote on the change. It needs a "double majority" to pass
Step 3. If it passes, the Governor-General gives final approval on behalf of the Crown.
Double Majority
When more than half of all Australian voters must say yes
AND
More than half the voters in at least 4 out of 6 states must say yes
Referendum Processes - Strengths
Requires the support of the Australian public, which prevents a federal government from gaining full power
A compulsory vote = the Constitution only changes if it has large support from the entire population
The double majority rule makes sure that any change to the Constitution has strong support from both the whole country and most individual states
Referendum Processes - Weaknesses
Australians have voted on 44 proposed Constitution changes, but only 8 passed
Voters often vote "no" if they don't understand the proposal or aren't interested
Changes rarely succeed unless both Labor and Liberal parties support them
Often held during elections, so people focus on who to vote into government, not the constitution
Federation
a group of states with a central government but independence in internal affairs.
Infrastructure
the basic physical and organisational structures and facilities needed for the operation of a society or enterprise.
Tariff
taxes imposed by one country on goods imported from another country
Milita
a military force that is raised from the civil population to supplement a regular army in an emergency
Constitution Convention
A gathering where representatives write or change a country's constitution
Double Majority
When more than half of all Australian voters must say yes
AND
More than half the voters in at least 4 out of 6 states must say yes
Legislative Branch (Parliament)
Made up of the House of Reps, the senate, the Prime Minister, and the Governor General
Role is to make and change laws on behalf of the Australian people
Executive Branch
Made up of the King (repped by Governor General), Prime Minister, and other Ministers
Role is to put new law in action (Royal Assent, or announcement of new laws)
Judicial Branch
At a Federal level it is made up of the High Court of Australia & other Federal Courts
In the Victorian system, it is made up of Supreme, County, and Magistrates’ Courts.
Role is to interpreting and applying laws + making judgements about the law.
Exceptions to the Separation of Powers
Australia does not have complete separation of powers (Ministers + Prime Minister are part of 2 branches)
Because the Prime Minister and the ministers are found in the Lower and Upper houses, they are creating the laws in the Parliament and putting them into action in the Executive.
Purpose of Seperation of Powers
To work with the principle of a ‘responsible government’
Means that the party or coalition must have majority of support in House of Reps to stay in government
Each branch of government is in place to ensure that no one branch or individual has all of the power.
Victorian Parliamentary System
Bicameral System (2 houses)
Includes the Legislative Assembly, and the Legislative Council
Legislative Assembly
The ‘Lower House’
88 members from 88 districts (1 member per district)
Members are voted for through preferential voting.
The party that has majority of seats become the Government of Victoria (45+)
Legislative Council
The ‘Upper House’, 40 members from 8 regions (5 per region)
5 candidates must get a certain amount of votes to be elected
Aka ‘house of review’
Don’t usually have majority of seats from the government
To pass a bill, government must negotiate with the opposition + minor parties
Powers of the Legislative Assembly & Legislative Council
Introduce bills and motions
Debate, pass, amend, or reject bills
Ask ministers about the Government’s decisions and actions
Be appointed as minister (head of a department) or shadow ministers (opposition party)
Raise issues on behalf of the people they represent
Premier of Victoria
Head of Victoria’s government
The leader of the party or coalition that has the support of majority of the Legislative Assembly
Elected member of Parliament
Chooses ministers and allocates portfolios (jobs)
Heads the Department of Premier and Cabinet
Reps the government at meetings, functions, and official ceremonies
Preferential Voting (Lower House)
Voters choose candidates on a ballot paper in order of preference
If who you voted for loses, your second preference gets counted
Continues until one candidate has over 50% of the votes
How to fill out a ballot
You must number EVERY box
Your vote is invalid if you leave a box blank
Donkey Vote
A vote intentionally made invalid
Proportional Voting (Senate)
There are multiple candidates to fill the senate seats
To win a seat, a senator must win a quota of first and later preferences
Allows for a wider range of parties/independents to be elected to the Senate
Division of powers
refers to how authority is divided between different LEVELS of government. (Federal/State/Local)
Specific Powers
constitutional lawmaking powers assigned to either the Commonwealth exclusively or shared between Commonwealth and states.
E.g. Currency, Taxation, Trade and Commerce, Defence
Concurrent Powers
Lawmaking powers for particular topics that are given to BOTH the Commonwealth & the States
Both can make and change laws in these areas
These are within the Specific powers as the Commonwealth can make laws in these areas.
E.g. Marriage, Taxation, Census and Data
Residual Powers
Lawmaking powers for particular powers for particular topics that are given to the states.
These powers are not included in the constitution
E.g. Adoption, childcare, education, public transport, water & electricity
Parliament makeup
Made up of the House of Representatives and the Senate
The Governor General is a part of both the parliament & another sector of government.
Because there are 2 groups repping us, it is called a bicameral system
Bicameral System
A parliament or legislative that is made up of two seperate houses
The House of Representatives
The Lower House of the Australian Parliament
151 members representing a different geographical area in Australia
Member’s roles include debating & voting on bills, examining issues in committees, and checking the government’s work.
Where government is formed through elected representatives gaining 'seats'
Party with majority of seats wins government
If no majority: party seeks support from smaller parties/independents = Minority Government
Political Party
An organisation that represents a particular group of people or set of ideas
Purpose of a Political Party
Allows citizens to align with a representative that they identify with.
Social Media
Your use of social media impacts the info you are exposed to
Liking, interacting, or even lingering on particular posts will adjust your algorithm
United Nations Involvement
Australia is a part of the UN so we are committed to upholding the rights and responsibilities for the betterment of people.
Australia is included in a number of treaties that ensure the protection of democracy like the International Covenant on Civil and Political Rights
United Nations
International organisation of 193 countries working together on global issues
Promotes peace, security, human rights, and cooperation between nations
United Nations Involvement
Australia is a part of the UN so we are committed to upholding the rights and responsibilities for the betterment of people.
Australia is included in a number of treaties that ensure the protection of democracy like the International Covenant on Civil and Political Rights
Stage 1 of Lawmaking
Introducing the Bill
The preston who has come up with or is representing the suggested law presents this idea in the form of a bill.
It is read through by everyone in the house that the bill was presented to (The First Reading).
More common for this to happen in the House of Representatives
Stage 2 of Lawmaking
The Second Reading
The person responsible for introducing the bill will discuss & explain the purpose/benefits of accepting the bill
The house then debates the bill (can take a few weeks)
There is a vote on the proposed bill. If most people say yes, then the bill will be taken to the next stage.
Stage 3 of Lawmaking
Consideration in Detail
Allows for deep and thorough debate & discussion
The bill may change in this section
Stage 4 of Lawmaking
The Third Reading
The bill is discussed again with the house.
If they AGAIN vote yes, it will be handed to the Senate
Stage 5 of Lawmaking
The Senate
The senate goes through the same process as the House of Representatives did.
Includes stages 1-4
Stage 6 of Lawmaking
Royal Assent
The bill is given to the Governor-General
If they approve the bill, it will be signed off on and given Royal Assent
It is now an Act of Parliament
Express Rights
Written in plain language in different sections of the constitution
Says that we have the right for something in particular
In Australia examples include… Freedom of religion, discrimination between states, to vote, etc.
Implied Rights
Wording could mean a variation of things but the meaning can be assumed
E.g. Australia have the implied right to freedom of political communication
Australian Constitution In Protecting Rights - STRENGTHS
Express rights can’t be changed without a referendum
All rights in the constitution are fully enforceable through the high court
The high court interprets the meaning of the constitution so it can remain relevant over time.
Australian Constitution In Protecting Rights - WEAKNESSES
Rights are difficult to change
Very few rights are expressly protected by the constitution
Expensive and time-consuming to take a case to the High Court
International Declarations
Non-binding agreements between countries that sets out the aspirations of the parties mmmmmm to the agreements
Often set out goals, values, or standards that countries say they will follow
Important first step before countries make a treaty
International Treaties
Legally binding agreements between countries/organizations.
Countries must follow treaty obligations and incorporate them into local laws.
Sets out rules & promises that the countries agree to follow
Signed by governments and often need to be approved before they take effect
Breaking a treaty can hurt a country's reputation and relationship with others
Bilateral Treaty
An agreement between 2 countries only e.g. Aus & USA making a defence agreement
Multilateral Treaty
An agreement between many countries e.g. The Paris Agreement on climate change
Social Change - United Nations
Australia have been involved in the UN since 1947
Through this, Australia has given >65,000 personnel, & are the 12th largest financial contributor
Australia is protected with this connection through the International Covenant on Civil and Political Rights.
Reinforces our right to freedom of assembly and association, freedom from slavery.
How do we influence change?
Voting at elections
Demonstrations
Petitions
Use of the courts
Voting (Social Change)
Most direct way individuals influence law-making
Citizens shape which laws are introduced
Elections send a message to government about the issues people care about most
Demonstrations/Protests (Social Change)
Large groups of people gather to show their support or opposition to an issue
Raise public awareness and attracts media attention, which pressures governments to act
Petitions (Social change)
Written request signed by many people, asking Parliament to change a law
Show the government that an issue has wide support in the community
Can also be shared online to gather even more signatures
Use of Courts (Social Change)
Individuals can challenge laws in court if they believe the law is unfair or breaches rights
Court cases can set new legal precedents and force governments to review or change laws