Rule of Law
What does the Rule of Law mean?
Everyone is equal before the law, including those in power
Name the three branches of government under the separation of powers.
Legislative, Executive, Judiciary
What are the two main elements that must be proven for most criminal offences?
Actus reus (guilty act) and mens rea (guilty mind)
What are the three levels of government in Australia?
Federal, State, Local
In what year did the Australian Constitution come into effect?
1901
Name one principle or feature of the Rule of Law.
Fair trial, independent judiciary, clear laws, or presumption of innocence
What is the main function of the judiciary?
To interpret and apply the law
What is the standard of proof required in a criminal trial?
Beyond reasonable doubt
Which level of government is responsible for criminal law?
State/Territory
What is the main purpose of the Australian Constitution?
To establish the framework for the Australian system of government
Why is the Rule of Law essential in a democratic society?
It prevents abuse of power and ensures accountability
Why is the separation of powers important?
It prevents any one branch from having too much power
What is the difference between an indictable offence and a summary offence?
Indictable offences are serious and heard in higher courts; summary offences are less serious and heard in lower courts
Which level of government manages defence and immigration?
Federal government
What section of the Constitution outlines the division of powers between the Commonwealth and the States?
s51
How does the Rule of Law protect individual rights?
By ensuring laws are applied consistently and fairly
Which branch of government enforces the law?
The Executive
Who has the burden of proof in a criminal trial?
The prosecution
Give two examples of areas of responsibility for local government
By-laws or regulations for their local area
What is required for a constitutional change to occur in Australia?
A referendum with a double majority (majority of voters nationwide and in a majority of states)
Give a real-world example where the Rule of Law was challenged or upheld in Australia.
Example: High Court rulings on government overreach or unlawful detention cases (e.g. Plaintiff M68/2015 v Minister for Immigration)
Give an example of how the separation of powers operates in Australia.
Parliament makes laws, courts interpret them, and government departments enforce them (e.g. police enforcing criminal law)
Give one example of a complete defence and one example of a partial defence to a criminal charge.
Complete: self-defence or insanity; Partial: provocation or diminished responsibility
What happens if a state law conflicts with a Commonwealth law?
Commonwealth law prevails under Section 109 of the Constitution
Name one case that has changed the interpretation of the Constitution.
Tasmanian Dams Case (1983), Mabo v Queensland, or Uniform Tax Case (1942)