HASS REVISIONN

How does a political party form government after an election? 

Back: 

1. Winning a Majority: A party must win more than half of the seats in the legislature (e.g., parliament). 

2. Forming Government: The leader of the winning party becomes the head of government (e.g., Prime Minister, President). 

3. Coalition Governments: If no party wins a majority, parties may form alliances to create a governing coalition. 

4. Opposition: Parties that do not form government become the opposition, holding the government accountable. 

5. Governing: The ruling party implements policies, passes laws, and manages the country until the next election. 

What does the opposition do in parliament? 

Back: 

1. Checks the government – Holds leaders accountable. 

2. Offers alternatives – Proposes different policies. 

3. Challenges laws – Debates and suggests changes. 

4. Speaks for citizens – Represents diverse viewpoints. 

5. Prepares to govern – Builds support for future elections. 

Front: 

What role do minor parties and independents play in parliament? 

Back: 

1. Balance of Power – When major parties lack a majority, minor parties and independents can influence decisions. 

2. Alternative Voices – They represent diverse perspectives and advocate for niche or local issues. 

3. Policy Influence – By negotiating with the government, they can shape policies and laws. 

4. Community Representation – Often more directly connected to their constituents, they push for local concerns. 

5. Accountability – They challenge major parties and promote transparency in government. 

Australia has a structured court hierarchy, with different courts handling various types of cases. Here’s a breakdown: 

1. High Court of Australia – The highest court, dealing with constitutional matters and final appeals. 

2. Federal Court of Australia – Handles cases related to bankruptcy, corporations, industrial relations, and taxation. 

3. Federal Circuit and Family Court of Australia – Manages family law disputes and general federal matters. 

4. State and Territory Supreme Courts – The highest courts in each state, handling serious criminal and civil cases. 

5. District Courts (or County Courts) – Intermediate courts dealing with serious criminal offences and civil disputes. 

6. Magistrates Courts (or Local Courts) – Handle minor criminal offences, civil claims, and preliminary hearings. 

7. Specialized Courts – Includes courts like the Coroner’s Court, which investigates deaths. 

Why australia has a court hieracy 

Australia has a court hierarchy to ensure fairness, efficiency, and specialization within the legal system. Lower courts handle minor cases, freeing higher courts to focus on complex legal matters. This structure allows appeals, where higher courts review decisions for accuracy and consistency. Specialization enables judges to develop expertise in specific areas, such as family or criminal law. The hierarchy also ensures that legal precedents set by superior courts guide lower court rulings, maintaining uniformity in legal interpretations. Ultimately, this system helps provide accessible justice while keeping courts functioning smoothly. 

Precedent and common law 

Precedent and common law are essential to Australia's legal system, ensuring consistency and adaptability in legal rulings. Precedent refers to past court decisions that influence future cases, with higher court rulings binding lower courts. It provides stability while allowing legal interpretations to evolve. Common law, developed through judicial decisions rather than legislation, fills gaps where statutory law is unclear. While flexible and responsive to societal changes, common law can be overridden by parliamentary legislation. Together, they create a structured yet adaptable legal framework, balancing tradition with evolving legal needs. 

Statute and common law 

Statute law and common law are interconnected within Australia's legal system. Statute law, created by parliament, establishes formal legal rules, while common law is developed through judicial decisions when no statute applies. Courts interpret statutes using common law principles, ensuring consistency and fairness. If a statute overrides common law, judges must apply the new legislation. However, common law can influence statutory interpretation, shaping how laws are enforced. This dynamic relationship allows the legal system to evolve while maintaining stability.