Free TCE Legal Studies Flashcard Review

A system of government founded on principles of legitimate authority, separation of powers, rule of law, human rights, procedural fairness and pluralism. It combines democratic processes with constitutional limits on government power.

The right of government to exercise power, derived from consent of the governed expressed through free, frequent and fair elections and democratic institutions.

The constitutional principle dividing government into three independent branches—legislature, executive and judiciary—each with distinct roles and subject to checks from the others.

The principle that everyone, including government officials, is subject to and accountable to the law, applied equally and impartially, preventing arbitrary abuse of power.

Universal freedoms and protections owed to all individuals, such as the right to life, liberty, freedom of speech and procedural fairness. In Australia, some are protected constitutionally; others through statute and common law.

The requirement that government decisions affecting individuals be made fairly and transparently—via natural justice—including the right to a hearing, impartial decision-maker and reasons for decisions.

The recognition and acceptance of diverse interests, beliefs and values in society, requiring government to accommodate different viewpoints and protect minority rights despite majority preferences.

Mechanisms built into the Westminster system enabling each branch of government to limit the power of the others—for example, parliament holding the executive accountable and courts reviewing executive or legislative action.

A system of parliamentary government based on the British model, combining constitutional monarchy, separation of powers, responsible government and a bicameral parliament, adopted by Australia at Federation.

A system where the monarch (represented by the Governor-General federally and state Governors) is head of state but has minimal actual power, with real executive power held by the Prime Minister and Cabinet responsible to parliament.

Unwritten rules and practices governing the use of constitutional power, based on precedent and convention rather than law—for example, the convention that the Governor-General acts on ministerial advice.

A system where power rests with elected representatives in parliament who are accountable to voters, rather than with the people directly—achieved through regular elections and the franchise.

The principle that the executive (Cabinet and Prime Minister) must retain the confidence of the lower House of parliament and can be removed if it loses that confidence via a vote of no confidence.

The Prime Minister, as leader of the party with the confidence of the lower House, selects Cabinet ministers who remain answerable to parliament. Cabinet must resign if it loses a vote of confidence in the House.

A two-house legislature comprising the House of Representatives (lower house, 'People's House' with seats by population) and the Senate (upper house, 'States House' with equal state representation, a 'House of Review').

The lower house of the Australian parliament, representing the people by population, where government is formed and confidence must be maintained for the executive to govern.

The upper house of the Australian parliament, with equal representation from each state, designed to act as a house of review and to represent state interests in federal law-making.

An upper house designed to scrutinise legislation before passage, providing a second perspective and an opportunity to amend or reject bills from the lower house, protecting against hasty or poorly considered laws.

The constitutional and common-law principle that judges must be free from political pressure and executive control, protected by security of tenure and explicit constitutional safeguards enabling them to interpret the law impartially.

Courts can review administrative and executive decisions for lawfulness, interpret statutes, determine constitutional limits on executive power, and ensure the executive remains within its legal authority.