Free WACE Year 11 Politics and Law Flashcard Review
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What are the three types of government power under the separation of powers?
Legislative (making law), executive (administering and enforcing law) and judicial (interpreting law and deciding disputes).
Which sections of the Constitution vest the three powers?
s 1 (legislative power in Parliament), s 61 (executive power in the King, exercisable by the Governor-General) and s 71 (judicial power in the High Court and other courts).
Why is the separation of powers in Australia called partial?
Ministers sit in Parliament under responsible government, so the legislature and executive overlap; only the judiciary is strictly separate.
What does s 109 of the Constitution do?
Where a valid Commonwealth law is inconsistent with a State law, the Commonwealth law prevails and the State law is invalid to the extent of the inconsistency.
Give one example each of exclusive, concurrent and residual powers.
Exclusive: customs and excise (s 90). Concurrent: taxation (s 51(ii)). Residual: most criminal law or school education.
Name four Westminster conventions of responsible government.
Government formed by those with lower-house confidence; ministers sit in Parliament; individual ministerial responsibility; collective Cabinet responsibility (and the Crown acts on advice).
What is the double majority required by s 128?
A majority of voters nationally plus a majority of voters in a majority of States (at least four of six). It was inspired by the Swiss referendum process.
What did the American federal system contribute to Australia?
A written constitution with enumerated central powers and residual State powers, a Senate with equal representation for original States, and judicial review by a High Court.
Distinguish overruling from reversing.
Overruling: a higher court rejects a precedent from an earlier, different case. Reversing: an appeal court changes the decision of a lower court in the same case.
What standard of proof applies in criminal and civil trials?
Criminal: beyond reasonable doubt (prosecution). Civil: balance of probabilities (plaintiff).
Name the main WA courts from lowest to highest.
Magistrates Court, District Court, Supreme Court (General Division, then Court of Appeal), then the High Court of Australia.
What is a dossier in an inquisitorial system?
The written case file that records the evidence gathered during the investigation, which in serious or complex French cases is led by an investigating judge (juge d'instruction).
What time window applies to contemporary issues in Unit 1?
The last three years, measured from when the unit is studied (for 2027 study, roughly 2024 onwards).
Which two kinds of contemporary issue must be examined in Unit 1?
At least one involving the legislative process and at least one involving the judicial process.
List the five headings of the issue analysis frame.
Context, stakeholders, processes, principles engaged, outcomes and evaluation.
What did the Online Safety Amendment (Social Media Minimum Age) Act 2024 require?
Platforms must take reasonable steps to stop under-16s having accounts on age-restricted social media; the obligation took effect on 10 December 2025.
Why was the passage of the social media minimum age bill criticised?
The Senate committee inquiry was compressed into a few days in November 2024, limiting submissions and scrutiny.
Why are ministerial rules under the social media law an example of delegated legislation?
They are made by the Minister under power granted by the Act, not passed by Parliament itself.
What did the High Court decide in NZYQ (November 2023)?
Indefinite immigration detention with no real prospect of removal in the reasonably foreseeable future was unlawful; the Court overruled Al-Kateb v Godwin (2004).
What did the High Court decide in YBFZ (November 2024)?
Curfew and electronic monitoring conditions imposed by the executive on certain visa holders were punitive and invalid under Chapter III.