WACE ATAR Politics and Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Constitutional monarchy

A system where a monarch is head of state but exercises power according to a constitution and on ministerial advice, as in Australia through the Governor-General.

Responsible government

The Westminster convention that the executive must be drawn from and accountable to Parliament, retaining office only while it holds the confidence of the lower house.

Bicameral Parliament

A legislature with two houses, in Australia the House of Representatives representing the people and the Senate representing the states and territories.

Reserve powers

Discretionary powers of the Governor-General used without ministerial advice in exceptional circumstances, such as appointing or dismissing a Prime Minister in a crisis.

Separation of powers

The division of governmental functions among legislature, executive, and judiciary; in Australia it is only partial because the ministry sits within Parliament.

Section 64

The constitutional provision requiring that ministers be members of Parliament, linking executive office to parliamentary membership and reinforcing responsible government.

Compulsory voting

The statutory requirement that eligible Australian voters enrol and attend a polling place at federal elections, with administrative penalties for failure to vote.

Preferential voting

A voting system where voters rank candidates, and preferences are distributed until one candidate obtains an absolute majority of formal votes.

Senate quota

The proportion of formal votes needed to win a Senate seat, calculated as total formal votes divided by the number of seats plus one, plus one vote.

Double majority

The requirement at a constitutional referendum for a national majority of voters plus a majority in at least four of the six states.

Australian Electoral Commission

The independent statutory body that administers federal elections, maintains the electoral roll, and enforces funding and disclosure requirements.

Section 44

The constitutional provision disqualifying candidates with dual citizenship, foreign allegiance, undischarged bankruptcy, or certain offices of profit from sitting in Parliament.

Section 109

The provision giving Commonwealth law supremacy over inconsistent state law, with the state law invalid to the extent of the inconsistency.

Section 128

The referendum procedure for altering the Constitution, requiring an absolute majority in each house and a double majority at the referendum.

Residual powers

Powers not expressly granted to the Commonwealth and remaining with the states, such as education, health, and local government, under their own constitutions.

Section 96 grants

The Commonwealth power to make financial grants to the states on terms and conditions, a key mechanism of cooperative federalism and policy influence.

Engineers' case

The 1920 High Court decision adopting a literal reading of Commonwealth powers and rejecting implied immunities between Commonwealth and state governments.

Implied freedom of political communication

A freedom derived from the constitutional system of representative government, restricting laws that unduly burden communication about political and governmental matters.

Rule of law

The principle that law applies equally to all, is publicly known and prospective, and that government action must be authorised by law and reviewable by courts.

Balance of probabilities

The civil standard of proof, requiring the party bearing the burden to show that its version of events is more likely than not.

Stare decisis

The doctrine of precedent requiring courts to follow decisions of higher courts in the same hierarchy, promoting consistency and predictability in the law.

Judicial review

Court review of administrative decisions for legality, procedural fairness, and jurisdictional error, rather than review of the merits of the decision.

Alternative dispute resolution

Methods such as mediation, conciliation, and arbitration used to resolve disputes without a full trial, often reducing cost and delay.

Chapter III courts

Courts established under Chapter III of the Constitution that may exercise judicial power and cannot be given non-judicial functions.

Mabo v Queensland (No 2)

The 1992 High Court decision recognising native title and overturning the doctrine that Australia was terra nullius at settlement.

1967 referendum

The referendum amending s 51(xxvi) and s 127 so the Commonwealth could legislate for Indigenous peoples and count them in the census.

Double dissolution

The procedure under s 57 allowing both houses to be dissolved when the Senate twice rejects or fails to pass a bill, potentially followed by a joint sitting.

Delegated legislation

Rules made by the executive under authority granted by an Act, subject to parliamentary scrutiny and disallowance.

Australian Law Reform Commission

The statutory body that reviews and recommends reform of Commonwealth laws, referring proposals to the Attorney-General and Parliament.

Royal commission

A formal public inquiry established by the executive with coercive powers to investigate matters of public concern and recommend reforms.

Australia Acts 1986

Legislation ending residual constitutional ties with the United Kingdom, confirming the High Court as the final court of appeal and state legislative independence.

Native title

Rights and interests in land held by Aboriginal and Torres Strait Islander peoples under traditional law and custom, recognised in Australian law after Mabo.