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Questions and Answers
What is one of the main functions of Parliament?
What is one of the main functions of Parliament?
Who provides Royal Assent to laws passed by Parliament?
Who provides Royal Assent to laws passed by Parliament?
Which branch of government is primarily responsible for enforcing laws?
Which branch of government is primarily responsible for enforcing laws?
What role do Members of Parliament (MPs) play in the legislative process?
What role do Members of Parliament (MPs) play in the legislative process?
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What does the Separation of Powers doctrine aim to prevent?
What does the Separation of Powers doctrine aim to prevent?
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What principle ensures that everyone is accountable under the law, including government officials?
What principle ensures that everyone is accountable under the law, including government officials?
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What is the purpose of parliamentary scrutiny over government actions?
What is the purpose of parliamentary scrutiny over government actions?
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In which part of Parliament does the government typically sit?
In which part of Parliament does the government typically sit?
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What characterizes the process of selecting leaders in democratic systems?
What characterizes the process of selecting leaders in democratic systems?
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How is the rule of law applied in democratic systems compared to non-democratic systems?
How is the rule of law applied in democratic systems compared to non-democratic systems?
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Which of the following is a feature of democratic systems regarding political parties?
Which of the following is a feature of democratic systems regarding political parties?
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What is the purpose of a constitution?
What is the purpose of a constitution?
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Which statement best describes the nature of constitutional law?
Which statement best describes the nature of constitutional law?
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What is one of the characteristics of non-democratic systems regarding citizens' freedoms?
What is one of the characteristics of non-democratic systems regarding citizens' freedoms?
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What is a major influence on the constitution mentioned in relation to political structures?
What is a major influence on the constitution mentioned in relation to political structures?
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Which aspect is NOT typically included in a constitution?
Which aspect is NOT typically included in a constitution?
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What event led to the deadlock in the 1975 crisis?
What event led to the deadlock in the 1975 crisis?
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What power did Sir John Kerr utilize during the 1975 crisis?
What power did Sir John Kerr utilize during the 1975 crisis?
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Which of the following is not a function of the High Court?
Which of the following is not a function of the High Court?
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Which type of jurisdiction allows the High Court to hear cases for the first time?
Which type of jurisdiction allows the High Court to hear cases for the first time?
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How many seats are needed in the House of Representatives to form a government?
How many seats are needed in the House of Representatives to form a government?
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What is the primary role of the Senate in the Australian parliament?
What is the primary role of the Senate in the Australian parliament?
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What is the term length for Members of the House of Representatives?
What is the term length for Members of the House of Representatives?
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Which of the following best describes the role of the High Court in the context of its appellate jurisdiction?
Which of the following best describes the role of the High Court in the context of its appellate jurisdiction?
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What is the term length for Senators in Australia's Commonwealth Parliament?
What is the term length for Senators in Australia's Commonwealth Parliament?
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Which branch of government is primarily responsible for putting laws into effect?
Which branch of government is primarily responsible for putting laws into effect?
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What is a key function of courts in Australia's legal system?
What is a key function of courts in Australia's legal system?
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Which of the following accurately describes the composition of the Commonwealth Parliament?
Which of the following accurately describes the composition of the Commonwealth Parliament?
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What role does the Prime Minister hold in Australia's government?
What role does the Prime Minister hold in Australia's government?
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Why was the Commonwealth Parliament formed in 1901?
Why was the Commonwealth Parliament formed in 1901?
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What is the central feature of the separation of powers in government?
What is the central feature of the separation of powers in government?
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What was the primary issue in the Tasmanian Dams Case of 1982?
What was the primary issue in the Tasmanian Dams Case of 1982?
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What is the constitutional definition of the executive?
What is the constitutional definition of the executive?
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Which of the following is NOT a responsibility of the Australian Public Service (APS)?
Which of the following is NOT a responsibility of the Australian Public Service (APS)?
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What can the governor-general do if a prime minister loses the support of the majority in the House of Representatives?
What can the governor-general do if a prime minister loses the support of the majority in the House of Representatives?
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What significant crisis occurred due to the blocking of the government's budget by the Senate in 1975?
What significant crisis occurred due to the blocking of the government's budget by the Senate in 1975?
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Which of the following best describes the role of elected officials in the political definition of the executive?
Which of the following best describes the role of elected officials in the political definition of the executive?
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How did the governor-general Sir John Kerr violate conventions during the dismissal of Gough Whitlam?
How did the governor-general Sir John Kerr violate conventions during the dismissal of Gough Whitlam?
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What is one of the reserve powers held by the governor-general?
What is one of the reserve powers held by the governor-general?
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Which of the following statements is true regarding the role of the APS?
Which of the following statements is true regarding the role of the APS?
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Study Notes
Democratic vs Non-Democratic Systems
- Democratic systems feature free and fair elections, laws applying equally to all, and protection of fundamental freedoms like speech, press, assembly, and religion.
- Non-democratic systems lack free and fair elections, often apply laws arbitrarily, and limit or suppress fundamental freedoms.
- Democratic governments often face public and other branches of government checks on power, while non-democratic systems lack or have weak checks on power.
- Democratic systems allow for diverse political parties and viewpoints while non-democratic systems are often dominated by a single party or group, suppressing opposition.
Influences on the Constitution
- The Australian Constitution was influenced by different systems of government.
- The British Westminster System, with its concept of responsible government, played a key role.
- Key aspects of the US Federal System were also incorporated.
- The Canadian Federation, which is more centralist in nature, also influenced the Constitution.
- The Swiss Constitution further contributed to the Australian model.
What is a Constitution?
- A constitution sets out the fundamental rules for how a government operates, including its structure, powers, processes, and procedures.
- It defines the framework for the main institutions of government: the legislature, executive, and judicature.
- Constitutional law, also known as superior law, cannot be changed by the government or parliament.
- It can only be amended through a referendum, meaning changes require public approval.
Features of a Constitution
- Constitutions outline the geographic division of power, determining the responsibilities of state versus federal governments.
- They establish the institutions of government, including the judiciary, legislature, and executive.
- They set out the processes and procedures of parliament, ensuring transparency and accountability.
- They define citizens' rights and responsibilities, guaranteeing fundamental freedoms and obligations.
- They establish a method for constitutional change, allowing for necessary amendments while safeguarding its core principles.
Parliament
- Parliament is responsible for making laws, debating significant issues, and representing the public's interests.
- Section 1 of the Australian Constitution states the Parliament consists of the King, the Senate, and the House of Representatives.
- The King, represented by the Governor-General, provides Royal Assent to all laws, signifying their enactment.
- The government sits on the right side of the Speaker, a member of the government who presides over parliamentary sessions.
Three Functions of Parliament
- Legislation: Parliament creates, debates, and passes laws that govern the nation, reviewing proposals, making amendments, and enacting legislation.
- Representation: Members of Parliament (MPs) represent the interests and concerns of their constituents, ensuring public views are considered in decision-making.
- Accountability: Parliament scrutinizes government actions and decisions, holding them accountable through debates, questions, and committees, ensuring transparency and preventing abuse of power.
Separation of Powers Doctrine
- This principle ensures that government powers are divided into distinct branches to prevent any one branch from accumulating too much power.
- The legislative branch (Parliament) makes laws.
- The executive branch (Prime Minister, Governor-General, Cabinet Ministers) enforces and executes laws.
- The judicial branch (Courts) interprets laws and ensures fair application.
- This system promotes a balance of power, accountability, and prevents abuses of power.
The Rule of Law
- This principle dictates that all, including the government, are bound by and accountable to the law.
- It ensures equality before the law, with no one above it.
- It requires consistent application of laws without bias.
- The Rule of Law fosters a just and fair society.
3 Definitions of Executive
- Constitutional Definition: The Constitution defines the executive power of the Commonwealth as vested in the Queen and exercisable by the Governor-General.
- Administrative Definition: This encompasses the administrative machinery managing the daily operations of government, including departments and agencies responsible for executing government policy.
- Political Definition: This includes elected or appointed officials with decision-making and policy-setting authority, such as the Prime Minister and Cabinet.
Role of the Australian Public Service (APS)
- The APS comprises professionals who work behind the scenes to ensure the government functions smoothly and efficiently.
- It delivers government services to the public in areas such as health, education, and welfare.
- It provides informed advice on policy decisions and enforces laws and regulations.
- It supports government ministers in their duties, contributing to efficient administration.
Reserve Powers of the Governor-General
- The Governor-General holds reserve powers, exercised in exceptional circumstances, not explicitly defined by the Constitution, but derived from the authority of the British Monarch.
- These include appointing a Prime Minister in the event of a hung Parliament, dismissing a Prime Minister who loses majority House support, refusing a Prime Minister's request to call an election , and dismissing a Prime Minister if they break the law.
1975 Crisis - Conventions Broken
- The Senate, controlled by the Opposition (Liberal Party), blocked the government's budget, departing from the convention of not blocking "supply" by the Senate.
- State governments broke the convention of filling Senate vacancies with members of the same party, leading to a majority of Liberal Senators.
- Governor-General Sir John Kerr dismissed Prime Minister Gough Whitlam, departing from the convention of acting on the Prime Minister's advice, consulting only with the Opposition leader and the Chief Justice.
1975 Crisis - Main Aspects
- The crisis occurred after a long Labor drought, with Gough Whitlam's election in 1972 ushering in promised reforms.
- Whitlam's ambitious spending policies led to financial strain, and subsequent resignations from the Labor Party left them without a majority.
- The Liberal Party, controlling the Senate, refused to pass Labor's budget, creating a deadlock.
- Sir John Kerr, believing the situation critical, dismissed Whitlam using his reserve powers, prompting a constitutional crisis.
The High Court - Roles and Functions
- The High Court interprets the Constitution and resolves disputes about its meaning, ensuring its application.
- It keeps the Constitution relevant by describing some of the Commonwealth's lawmaking powers broadly, allowing for future legislative expansion.
- It reviews laws and actions of federal and state governments for constitutional validity.
- Serving as the highest appellate court, it hears appeals from lower courts and delivers final judgements.
- It sets precedents that shape future legal interpretation and applications.
The High Court - Original and Appellate Jurisdiction
- Original jurisdiction refers to the High Court's power to hear and decide a case for the first time, not simply reviewing a lower court decision.
- This includes cases related to constitutional interpretation, disputes between the Commonwealth and states, and international matters.
- Appellate Jurisdiction relates to the High Court's authority to review and decide on appeals from lower court decisions.
- The High Court hears appeals from Federal Court, Family Court, and State and Territory Supreme Courts.
House of Representatives
- It is the lower house, also called the "People's House" or the "House of Government."
- The Prime Minister must be a member of this house.
- The party winning a majority of seats forms the government.
- There are 151 seats, with 76 required to form a government.
- The second-largest party forms the opposition.
- Members of the House of Representatives (MHRs) serve three-year terms.
Senate
- Known as the upper house, the "Senate" or the "House of Review."
- Minor parties and independents form the crossbench.
- There are 76 seats: 12 senators from each state and 2 from each territory.
- Senators serve six-year terms.
Australia's Commonwealth Parliament
- The Westminster system established a parliament with an upper and lower house, and the Monarch as the Crown.
- The Commonwealth Parliament was formed in 1901 to address concerns about trade barriers between colonies and defense needs.
- The central parliament was given powers over defense, currency, postal services, overseas matters, immigration, and trade, unifying the colonies.
The Executive
- The executive branch puts the laws made by parliament into effect.
- The Constitutional Executive includes the King and the Governor-General.
- The Political Executive includes the Prime Minister and all government Ministers.
- The Administrative Executive comprises the Australian Public Service.
- The Prime Minister is the leader of the Australian government.
- The Prime Minister selects ministers, chairs Cabinet, sets the parliamentary agenda, makes prominent appointments, sets the date for elections, has access to advisors and public servants, enjoys media access, and holds powers of political patronage.
The Judiciary
- The separation of powers ensures that government power is distributed evenly across the three branches, enhancing decision-making and preventing any one branch from dominating.
- This system includes state parliaments and a federal parliament, resulting in state and federal courts.
- The courts serve two main roles: interpreting laws made by Parliament and resolving disputes between individuals and entities.
- Due to the complexity of society, specialized courts have been established to address specific types of disputes.
The Tasmanian Dams Case Details
- In 1982, a Liberal government was elected in Tasmania, led by Premier Robin Gray, with a mandate to dam the Franklin River.
- In 1983, a Labor government was elected in Canberra under Prime Minister Bob Hawke, opposing the dam, despite environmental issues being a state matter.
- The case resulted in a clash between state and federal powers, highlighting the complex nature of environmental policy in a federal system.
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Description
Explore the key differences between democratic and non-democratic systems of governance. This quiz covers aspects such as elections, legal equality, and the presence of political freedoms. Additionally, learn about the influences on the Australian Constitution from various government systems.
