Free TCE Year 11 Legal Studies Flashcard Review
Review 20 public cards with spaced repetition. Flip a card, then grade your recall. Cards you miss return today. Your schedule stays in this browser.
Loading your review schedule…
Browse the free cards
Name the six principles of liberal democracy studied in TASC Legal Studies.
Legitimate authority, separation of powers, rule of law, human rights, procedural fairness and pluralism.
What makes authority ‘legitimate’ in a liberal democracy?
Power is gained through free, frequent and fair elections, open competition for office and a popular mandate under universal suffrage.
What is social contract theory?
Citizens accept laws and some loss of freedom in return for the state protecting their rights; a government that breaks the bargain loses its claim to obedience.
What are the three branches of government and their functions?
Legislature makes law; executive administers and enforces law; judiciary interprets law and resolves disputes.
Why does a liberal democracy separate powers?
Concentrated power invites abuse; dividing power and allowing each branch to check the others protects liberty.
Give two features that protect judicial independence.
Security of tenure (removal only for proved misbehaviour or incapacity) and a salary that cannot be reduced during the term.
What does constitutionalism add to the rule of law?
A written constitution that prescribes and limits government power and entrenches the separation of powers.
What must laws be like for the rule of law to operate?
Written, public, reasonably clear, and made, enforced and changed by predictable procedures that apply equally to all.
What kind of human rights does the course focus on?
Civil and political rights, privileges and immunities that exist independently of any government, such as free speech, voting and fair trial.
State the two rules of natural justice.
The hearing rule (a fair chance to answer the case) and the bias rule (an impartial decision-maker).
What is civil society?
The groups between individuals and the state, such as unions, charities, faith bodies, media and interest groups.
Give one Tasmanian example of pluralism in law.
The Anti-Discrimination Act 1998 (Tas), which protects people from discrimination on grounds such as religious belief.
List the main Westminster features adopted in Australia.
Constitutional monarchy; constitutional conventions (PM and Cabinet responsible to the lower house); separation of powers; rule of law; representative and responsible government; bicameral parliament.
Which section vests executive power in the monarch, exercisable by the Governor-General?
Section 61 of the Commonwealth Constitution.
What are reserve powers? Give an example of their use.
Powers the Governor-General may use without or against advice; used in 1975 to dismiss the Whitlam government after supply was blocked.
What is a constitutional convention?
An unwritten, generally accepted rule of political practice that governs how legal powers are exercised, such as the Governor-General acting on ministerial advice.
How is the Prime Minister chosen?
By convention, the Governor-General appoints the person who commands the confidence of the House of Representatives.
What does s64 require?
Ministers must become members of either house of parliament within three months of appointment.
Distinguish collective and individual ministerial responsibility.
Collective: ministers publicly support Cabinet decisions. Individual: a minister answers to parliament for their department and may resign for serious failure.
What did the Boilermakers’ Case (1956) decide?
Commonwealth judicial power may be exercised only by Chapter III courts, and those courts cannot be given non-judicial power.