Rule of Law and Government Structure Quiz

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