Politics and law Test 1

define government

a body within a society that has the authority to make laws and provide public programs

how are governments different from organisations?

they have the power to enforce rules

What is included in government

courts, parliament, politicians, judges, public servants

functions and roles of government

providing infustracture, provides security, settling disputes, economic management,

define rule of law

philosophy that in essence states society should be governed by laws and not through the arbitrary exercise of power

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so people obey the laws out of respect, alignment with values and moral obligation, rather than fear or being forced to

characteristics of good laws, list

known/knowledgeable, clear, consistent, coherent, no one is above the law, it is all applied equally, laws should be made through the executive branch by representatives

why do we need to limit governments power?

prevent corruption

what is a liberal democracy?

a liberal democracy emphasises on the balancing of rights of the individual and the will of the majority, its a government run by the people for the people, liberal democracy heavily associates with the rule of law protected by separation of powers

what is tyranny

a cruel and oppressive government

main goal of liberal democracy

balancing the rights of the individual and the will of the majority (via elections)

what is a consistition

The Constitution establishes the composition of the Australian Parliament

describes how Parliament works and what powers it has

It outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia . made 1 January 1901. (idk if u need to remember the date)

what are they key functions of a consistition

it outlines the basic structure of government, like our separation of powers

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outlines divisions of powers,, like our federal and state government

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establishes courts and how the constitution is enforced - high court

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limits government on what it can and cant do

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what are the key characteristics of a constitution

higher law - overrides all other laws

entrenched - really difficult to change

codified - written down in 1 document

how is a constitution effective when its a rule book

citizens know what it states

people have respect for the laws

constitutionalism

we enforce the consistition

should be difficult to change

what is constitutionalism

an ideological standpoint where respect and belief in the written words in our constitution, because in retrospect it is just a book and will not alone convince society to follow it. this is necessary to having a democracy and a constitution

what is separation of power

a fundamental component of democracy, to prevent abuse of powers, made from legislative, executive and judicial, these 3 powers ‘check each other’ to ensure no concentration of powers - a threat to democracy

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in theory no arm as more power than another

the purpose of separating powers in government

to ensure no concentration of powers by checking each other.

3 separated powers

executive - includes the prime minister and the other ministers, this branch puts government laws into effect

judicial - includes courts, this branch interpret laws and to judge whether the apply in specific cases

legislative - consists of governer-general, HOR and senate, these houses pass laws

what are the 3 types of power in a federal system

Exclusive (power that only the central government holds) Congruent ( shared powers between the federal) Residual (leftover powers and responsibilities one holds that are not mentioned in the constitution are state power)

what is federalism

a system of government in which powers are divided between 2 or more consituent divisions by a written constitution

advantages and disadvantages of federalism

accomidates regional preferences'

participation in government

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initiates states to compete with eachother

beaucratic ideologies - takes forever to occur

what are political rights

ability for the individual to participate in governernment, these are inforced by civil society and our democratic government style

what are human rights

entitlements and freedoms possesed by everyone, universal, inalianable and indivisable

what is felony disenfranchisement

where criminals cannot vote

define popular sovereignty

people have ultimate power; authority of a state and its government are created and sustained by the constant of there people