Podcast
Questions and Answers
What does the rule of law signify?
No one is above the law.
Parliament is the most powerful body in the government.
True
Which of the following components are part of the separation of powers?
What is the concept of judicial independence?
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What is a private bill?
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The __________ is responsible for keeping the government accountable.
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How long is the federal election term?
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What role do courts have in the law-making process?
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What powers does parliament hold in relation to case law?
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Which of the following is NOT a form of judges departing from precedent?
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Study Notes
Rule of Law
- No one is above the law, including the government
- All government actions must be based on the constitution
- Innocent until proven guilty is key
Rule of Law in Place to Restrict Government
- High court interprets the constitution
- Parliament is the most powerful, but there are limits
Separation of Powers
- Prevents concentration of power in a single body
- Three branches: Legislative (parliament), Executive (government), and Judiciary (courts)
- Parliament creates laws (bills become acts)
- Government administers and enforces laws
- Courts interpret and resolve disputes (independent)
Responsible Government
- Holds government accountable
- Opposition scrutinizes government actions
- Elections hold government accountable
Representative Government
- Ministers are elected by the people
- Appointed by Prime Minister
- Ministers can also be from the senate
Division of Powers
- Federal vs. State powers
- Federal powers are outlined in the constitution
- Residual powers are left to the state
Separation of Powers: Judicial Independence
- Judiciary is independent from other branches of government
Checks and Balances
- Senate limits government actions
- Judiciary independent from government and parliament, acts as a check
Parliament Can Override All Court Decisions But Cannot Override a Court's Interpretation of the Constitution
- Parliament cannot override the interpretation of the constitution
Private Bill
- Made by ministers or individuals not in respective areas of expertise
Public Bill
- Made by ministers within their areas of expertise
Processes and Structures
- Describes the structure and workings of Commonwealth (Federal) and State parliaments
- How both parliaments make laws
How Delegated Bodies Make Law
- Reasons why there are delegated bodies
Structure and Purpose of the South Australian Court Hierarchy
How Laws Are Made by the Courts
- Reasons why laws are made by courts
Relationship Between Branches of Government
- How the different branches interact and make laws
Law Supervision
- Supervise all arms of government to ensure power limit or equal
Institutions Protecting Rights
- How institutions ensure rights of groups and individuals
Judges Departing from Precedent
- Reversal: High court overturns a previous decision
- Overruling: Old case laws aren't valid anymore
- Distinguishing: Facts are different enough to justify different ruling
- Disapproval: Court disagrees with the reasoning
Parliament Cannot Override Court's Interpretation of the Constitution
- Parliament cannot change the court's constitutional interpretation
Delegated Legislation
- Power given by parliament to other bodies (e.g., councils, government departments, tribunals) to make laws
Bureaucracy
- Structures and regulations to control activity
Strengths and Weaknesses of Case Law
- Evaluating advantages and disadvantages of using precedent
Responsible Government
- How government held accountable in parliament by the opposition
Evaluation: Law-Making Processes
- Strengths and weaknesses of different law-making approaches
Commercial Surrogacy and Medical Liability
- Discussion regarding decriminalization of commercial surrogacy and liability for medical professionals
Statutory Interpretation
- Process of interpreting and applying laws
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Description
Test your understanding of the rule of law, the separation of powers, and the fundamentals of responsible and representative government. This quiz covers essential principles that outline the balance and division of powers within a democratic system.
