Topic 1 (Governance)

• democracy: a system of government by the whole population or all the eligible members of a state, typically through elected representatives
• The Rule of Law is a legal tradition in Australian society - it requires that we have laws that are followed and enforced. The rule of law pyramid demonstrates how different legal principles uphold the rule of law, and how they protect rights, freedoms and stability in our legal system.
• Representative government: A system in which people vote for candidates to represent them in parliament and make laws on their behalf
• Responsible government: The principle that the government should be responsible to the Parliament, to ensure that the government does not abuse its power, the government just retain the support of the majority of members of the House of Representatives to stay in power
• The Australian Constitution is the set of rules by which Australia is governed. The Constitution establishes the composition of the Australian Parliament, describes how Parliament works and what powers it has. It also outlines how the federal and state Parliaments share power, and the roles of the executive government and the High Court of Australia. It took effect on 1 January 1901.
• Referendum: A vote of the Australian people to change the Australian Constitution
• Double dissolution: A system of government whereby the legislature is divided into two houses
• Joint sitting: Members and Senators deliberate and vote together on the proposed law in the form it was last proposed by the House of Representatives
• Unicameral: A unicameral system is a government with one legislative house or chamber.
• Bicameral: A bicameral system is having two branches, chambers, or houses, as a legislative body.
• S51 of the Australian Constitution: The Commonwealth shall not make any law for the imposition of any tax or duty on any property of a state.
• S109 of the Australian Constitution: When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
• S128 of the Australian Constitution: The Constitution can be changed in a process called a referendum.
• Division of powers: It is the Constitution which tells us which powers are given to the Commonwealth and which are to remain with the States.

  There are three different types of powers that exist as a result of the Australian Constitution:

  • Exclusive
  • Concurrent
  • Residual
• Exclusive power – powers exercised only by the Commonwealth government (e.g. currency, customs duties and armed forces)
• Concurrent power – powers exercised by both the Commonwealth and State Parliaments (e.g. education, health)
•  Residual power – powers exercised by the State governments
• It is the Constitution that established the High Court of Australia as guardian of the Constitution - not only is it the court which decides problems arising from the interpretation of the Constitution but it is the ultimate Court of Appeal for all Australian Courts
• Role of the Crown: The Governor-General is the Queen’s representative in Australia – Section 61 of the Constitution states that: “the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor General as the Queen’s representative.”
• Role of the Upper House of Parliament: Senators in the upper house debate and vote on bills, represent the views of people in their state/territory, work on parliamentary committees examining important issues, attend parliamentary party meetings to decide on party policy, scrutinise the work of the government and discuss issues of national and international importance.
•  Role of the Lower House of Parliament: The major functions of the members of the House of Representatives are to represent the interests of their constituents and introduce, debate and then pass or reject proposed laws.
• Royal commission: A commission set up by a government to investigate a particular issue or problem. Lead by the Governor-General