Parliament vs. Government: Australia

• Study notes on democracy, government, and law revision

Parliament vs. Government

• Parliament consists of the House of Representatives (Lower House) and the Senate (Upper House).
• Parliament creates and passes laws, represents the people, debates policies, and scrutinizes government actions.
• The government is formed by the political party or coalition with a majority in the House of Representatives.
• The government executes and enforces laws and is responsible for running the country and implementing policies.
• Government members include the Prime Minister and other ministers selected from elected Members of Parliament (MPs).

House of Representatives vs. Senate

• The House of Representatives has 151 members, each representing an electoral division.
• The House initiates and passes legislation, represents the people, and forms the Government.
• Members of the House are elected every 3 years via a preferential voting system.
• The Senate consists of 76 Senators: 12 from each state and 2 from each territory.
• The Senate reviews and amends legislation from the House, represents the states and territories, and checks the government.
• Senators are elected every 6 years using proportional representation, with half the Senate elected every 3 years.

Criminal vs. Civil Law

• Criminal law addresses offenses against the state or public, involving government prosecution, and aims to punish and deter wrongful conduct.
• Examples of criminal law include theft (taking property without permission), assault (physically attacking someone), and murder (unlawfully killing).
• Civil law addresses disputes between individuals or organizations, aiming to resolve disputes and compensate the wronged party.
• Examples of civil law include contract disputes, tort claims (e.g., personal injury from car accidents), and property disputes.

Government Characteristics

• Australia operates as a representative democracy where citizens elect representatives.
• Federal elections occur approximately every 3 years.
• Australia functions as a constitutional monarchy, recognizing a monarch (currently King Charles III) as head of state, with powers limited by the constitution.
• The Governor-General acts on behalf of the King in Australia.
• Australia is a federation of states, each with its own government, but a federal government handles national matters.
• The Australian Constitution divides power among the Parliament (Legislative), the Executive, and the Judiciary.
• This division ensures a system of checks and balances.
• Citizens are encouraged to participate through voting, community groups, and engaging with representatives.
• Australian democracy promotes freedoms of speech, association, movement, and belief, aiming for an inclusive society where everyone can reach their potential.
• The Rule of Law dictates that everyone, including lawmakers, is subject to the law.
• Laws are designed to be fair, clear, and protect individual rights.
• Statutory law is written law enacted by a legislative body.
• Common Law, or case law, is primarily based on judicial decisions and precedents.
• An independent judiciary is essential for maintaining the rule of law and administering impartial justice, free from control by other government branches or private interests.

Political Parties - Parties

• The Australian Labor Party focuses on social justice, workers' rights, and progressive policies.
• The Liberal Party of Australia supports free market policies, individual liberties, and conservative social values.
• The National Party of Australia represents rural and regional interests and typically forms a coalition with the Liberal Party.
• One Nation is known for its nationalist and anti-immigration policies.

Political Parties - Roles

• Political parties aim to elect members to Parliament to represent constituents' views and interests.
• Parties develop policies reflecting their values and goals, presenting them during election campaigns.
• The party with the majority in the House of Representatives forms the government; the leader becomes Prime Minister.
• The party with the second-most seats in the House forms the opposition, scrutinizing government actions and proposing alternatives.
• Political parties significantly influence the legislative process, with members generally voting together.
• Parties engage with the public to gather support, raise awareness, and encourage political participation.
• Parties offer organizational support to members, including resources for election campaigns and policy research.

Political Media

• Media influences political choices by highlighting issues, showing parties' actions, airing ads, and publicizing debates.
• Print media includes newspapers, magazines, and journals providing in-depth coverage and opinions.
• Broadcast media, including TV and radio, reaches a wide audience with news, talk shows, debates, and podcasts.
• Digital media, including online news, blogs, and social media, has become a significant information source.
• Social media platforms such as X (Twitter), Facebook, and Instagram allow real-time updates and direct interaction between politicians and the public.
• Alternative media offers non-mainstream perspectives through independent websites, podcasts, and community radio.
• Public broadcasters such as the ABC (Australian Broadcasting Corporation), funded by the government or public donations, provide unbiased coverage.

Voting in Australia

• All eligible citizens must vote in federal, state, and local elections.
• Voters rank candidates, used for the House of Representatives.
• Proportional Representation ensures seats are allocated proportionally to votes, used for Senate elections.
• Voting is conducted in private to ensure voter confidentiality.
• The Australian Electoral Commission (AEC) impartially administers elections.

Court Hierarchy In Australia

• The High Court is the final court of appeal and has ultimate authority on constitutional matters.
• Each state and territory has a Supreme Court that handles serious criminal and civil cases and has appellate jurisdiction over lower courts.
• County Courts handle serious criminal cases (except the most serious offenses) and significant civil cases.
• Magistrate Courts handle minor criminal offenses, small civil disputes, and preliminary hearings for more serious offenses.

Right of Appeal & Its Significance in the Justice System

• The right of appeal allows individuals to seek a review of a court's decision by a higher court.
• Appeals correct errors made in the initial trial to ensure justice.
• Appeals uphold fairness by allowing reconsideration of cases with legal or procedural mistakes.
• Appeals maintain consistency in law by setting precedents for lower courts.
• Appeals protect rights by providing an avenue to challenge unjust decisions.