the establishment of the federal and state parliaments when the six Australian colonies joined in 1901
Constitution
a set of fundamental principles and rules that lays out the framework for how Australia is governed
Bicameral
a parliament consisting of two legislative houses (e.g. the senate and HOR)
Separation of Powers
the division of government into the legislative, executive and judiciary branches. This aims to provide a system of checks and balances to prevent the excessive of power in one group and maintain fairness and justice
Preferential voting system
system where voters number all candidates on the ballot paper in order of preference. The preferences are distributed until one candidate has a majority of votes if no candidate wins more than 50% of votes.
First past the post voting system
the winning candidate received the most votes
Proportional Representation
candidates are elected according to the quota of the vote won by their party
civil law
(person vs person) Civil law deals with non-criminal disputes between individuals or groups. One person suing the other for damages
criminal law
(person vs country) protects the community from the harmful actions of others. Police put together a case that the prosecution uses in court to attempt to prove guilt, the consequence is usually prison time (or a suspended sentence)
common law
law developed by judges on a case-by-case basis, using precedent and interpretation of earlier decisions
statute law
made by parliament
the high court
the supreme court of justice in Australia
roles of the high court
- To interpret the constitution
- To determine constitutional cases
- Hearing appeals, some of which may lead to new common law
- is the 'umpire' in the federal system
keeping the constitution relevant
this is done by holding referendums to change the constitution through an absolute majority
protecting human rights
human rights are recognised and protected through a range of laws, the constitution, and the common law
resolving disputes
people can go to court to dispute something, whether it's person vs. person or person vs group/business. One group sues the other for damages
original jurisdiction
the power of a court to hear and decide a case for the first time
appellate jurisdiction
the power of a court to review a lower court's decision
court hierarchy
lower courts are bound by the decisions of the higher courts. A decision made by a lower court can be appealed to a higher court for a new decision
local-magistrates court
the lowest court - deals with minor offences such as shoplifting, unpaid bills, etc.
district court
higher than the local court - more serious offences such as assault, large thefts, drug offences, etc.
supreme court
highest court in the state - murder and serious drug cases
courts
enforce the law and resolve disputes fairly so that everyone can live in a united, safe environment
laws
- reflect views and values of majority of people in australia
- made and altered by parliament
parliament
- an assembly of representatives elected by the people
- discusses and debates matters that effect voters
- examines problems that exist within society and reviews injustices in the law
government's aim
our government aims to provide all australians with good health care, education, roads, public transport, water, electricity, and internet connection
federal government's responsibilities
- currency
- defence
- marriage
- customs and border protection
- australian citizenship
state government's responsibilities
- primary and secondary education
- health services
- water
- electricity
- public transport
local government's responsibilities
- local infrastructure (e.g. roads, footpaths, drainage, waste collection)
powers are those that are solely held by federal government, and no other levels can exercise these powers.
concurrent power
powers that can be exercised by both the federal and state governments, allowing for a degree of flexibility and cooperation between levels
residual power
powers not explicitly assigned to any level of government but are left for the respective governments to manage as they see fit - primarily held by the states and territories
principles of government
1. governments must protect the rights and freedoms of individuals
2. governments must make laws that reflect the views and values of the people
3. governments must be accountable to the people
4. there must be separation of powers
pros of compulsary voting
- helps ensure our parliaments have the support of the majority people, not just those that voted
- may force candidates and political parties to consider the needs of all society when making policies
cons of compulsary voting
- forces those who are uninterested to cast an ill-informed vote
- is a violation of individual rights
westminster system
a type of parliamentary government that originated in England
- sovereign
- head of government
- parliamentary opposition parties
- separation of powers
house of representatives
- lower house
- forms government
- MPs represent people in their electorate
- average of 150,000 people per electorate, average of 100,000 voters
- 3 year terms
senate
- upper house
- 12 senators for each state
- 2 senators for each territory
- half the senators are elected every 3 years, otherwise they serve 6 year terms
governor general
the respresentative of the crown appointed by the British ruler
express powers
constitutional powers of the GG that by convention are exercised on behalf of parliament