Legal Revision 1

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revision for legal 1
jen heet
Flashcards by jen heet, updated more than 1 year ago
jen heet
Created by jen heet about 8 years ago
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What is a cabinet and what is its role in parliament? Cabinet is a group in executive government made up of PM and top level ministers. Usually includes 17 ministers (max of 30). main decision making group in executive government. role is to direct government policy and make decisions about national issues.
Label upper and lower houses of federal and SA. UH Federal= senate LH Federal = House of Representatives UH SA= Legislative Council LH SA= House of Assembly
What type of government? Title of Head of State? Constitutional Monarchy. Crown/Queen.
Why is parliament supreme law maker? -Australian constitution empowers -because parliament members are people's elected representatives (democratic) -elected body can override case law and regulations of J and E
2 reasons why laws must reflect values of people? -so people respect and follow them -so social cohesion is maintained
What are parliamentary conventions? Name 2? Parliamentary conventions -informal, uncodified procedural agreement followed by the institutions of state -based on Westminster System -1. government formed from political party that commands majority of seats in House of Reps -2. Prime Minister is sworn in by GG because majority party selected them as leader
What is separation of powers? Why do we have it? doctrine that divides institutions of government into 3 branches (legislature, executive and judiciary) -L makes laws -E administers laws -J interprets law and solves legal disputes
What is the Structure of senate? (representative and responsible government) -12 senator from each state and 2 from each territory (total 76) -every 3 years half senators are elected on state-wide basis -President is presiding officer (sits up front) -governing party sits to right of President -Doesn't uphold Responsible government as tenure is twice as long as HoR -Doesn't uphold Representative Government as proportional voting system skews votes
What is structure of House of Representatives? (responsible and representative government) -made of political representatives of the people that -elected every 3 years using preferential voting system -follows responsible government as elections are every 3 years -follows representative government as preferential voting system reflects choice of majority of voters -Government formed in HoR -Presiding officer is Speaker (in front) -Government to right, opposition to left -cabinet ministers in front, backbenchers behind -minor parties and independents on cross benches facing speaker
How does parliament give effect to fuctions of law. Social cohesion -protecting societal values/individual rights -setting acceptable standards of behavior and consequences for breaching -creating institutions of government to make law, administer and solve disputes -able to change to suit public need Social progress -good health practices of community -Youth development -Protects environment -viable universal education system
Is the senate effective? Effective -proportional voting system allows minority groups to have voice -long tenure provides stability -reviews laws made by government Ineffective -proportional voting system means parties don't reflect majority of voters - long tenure means senators are less accountable to voters (responsible government) -state interests are really looked after as senators vote on party lines
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