Separation of Powers
What are the three branches of government in Australia?
Legislative, Executive, Judicial
What is a Bill of Rights?
A document that protects the rights and freedoms of citizens.
When was the constitution created
1901.
What is statute law?
Law made by Parliament.
What are the two houses of Federal Parliament?
House of Representatives and Senate
Which branch of government makes the law?
Legislative (Parliament)
Does Australia have a national constitutional Bill of Rights?
No
What is the constitution?
the Australian Constitution is the
legal framework for how Australia is
Governed - a set of rules and principles by which the country is run
Rules established within a group but not laws generally enforceable in the community
How is government formed?
The party (or coalition) with majority support in the House of Representatives.
Which branch interprets and applies the law?
Judicial
Name one argument FOR a Bill of Rights in Australia.
Protects minorities
Limits government power
Strengthens human rights protection
Name something that is written in the constitution
Separation of powers. Structure of Parliament. 5 Express Rights
Define a legal rule
Laws created by institutions within the legal system and enforced by the legal system
What is the role of the Senate?
To review and vote on legislation.
Why is separation of powers important in a democracy?
It prevents one branch from becoming too powerful and protects democracy.
Name one argument AGAINST a Bill of Rights.
Gives too much power to judges
Parliament already protects rights
Reduces parliamentary sovereignty
How can you change the constitution? What is the requirement for it to be successful?
A referendum is only passed if it is approved:
•By a majority of voters in a majority of states AND
•By a majority of voters across the nation.
•This is known as a double majority.
Distinguish between criminal and civil law
Criminal law: laws concerned not only with the rights of individuals directly involved but also with the welfare of society. Violent crimes such as drugs and theft. Consequences for breaching criminal law may be imprisonment
Civil law: Laws regulating the behaviour of private individuals. When someone fails to attend or complete a job they were contracted to do. A remedy may be to complete the job or pay a certain amount
What is Royal Assent?
Formal approval by the Governor-General for a bill to become law.
It prevents one branch from becoming too powerful and protects democracy.
Courts can declare laws invalid
Parliament can remove judges (in rare cases)
Executive must follow laws made by Parliament
Which Western democracy does NOT have a constitutional Bill of Rights?
Australia
How many referendums have their been? How many were successful?
•Since 1901 there have been 45 referendums proposing changes to the Constitution.
•Only 8 proposed changes have been successful.
Explain a situation where both civil and criminal cases can happen
E.g if a victim of a crime (criminal trial) decides to sue the accused privately for harm caused (civil case)
Why is parliamentary debate important in law-making?
Ensures laws are scrutinised
Encourages representation
Promotes accountability