POLITICS AND LAW SEMESTER 2 EXAM.
Perfect Prep for Every Paper | Precision in Every Answer!
The rule of law - Answer: The principle that everyone, including those who have the
legal and political power to carry out the law are subjected to the law.
-In order to prevent the abuse of power from Courts, Parliament, police.
Key features of the law - Answer: -Universality of the law
-Law should be known, clear, consistent and coherent
-Independence of the judiciary
-Freedoms and equality exist within the law w
Universality of the rules of law - Answer: No one is above the law, even the law. (In
Australia)
-Australian Law is sovereign
-Can be conflict between customary law (e.g indigenous Australian) and formal law (
parliament)
-Migrants must modify some customs and traditions (e.g child mutilation, child marriage)
---> Aus laws directly oppose these values and traditions
-Laws must be accepted by majority of citizens and reflect moral values within that
society
---> Laws generally work on a moral basis because of this
-The idea is that 'good people' will follow the law without consciously knowing it
-Moral discomfort can be a powerful force that leads t changes in the law
-E.g moral principle of equality drove for changes in the marriage Act 1961 making
same sex marriage legal
The law must be clear, known, coherent - Answer: -People should know the laws exists
before they are subjected to them
-Once law passes both houses and is assented by executive, they are published
---> meaning claiming you did not know law existed is no excuse
-Knowledge of the law = made in futuro, not expost facto
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
,--->Cannot be prosecuted for acts that were legal at the time
-Consistency in application of the law ---> exception being children who do not
accurately understand the law
Independant Judiciary - Answer: Courts must be free from pressure and interference
from other arms of political and legal system ---> through separation of powers
-Judges reamian impartial
Freedoms and equalities before the law - Answer: -People can exercise legal right to put
pressure on the government
-Legal rights such as right to silence, presumption of innocence.
Liberal democracy - Answer: A system of government that is based on popular
soveignty (will of the people ) and the respect and protection of rights.
Democratic ideals ---> government should be representative of those that they govern
-government chosen by majority of citizens in a free and fair election
Liberal ideals ---> government should be held in check by having limited powers
-Should be restrained in their ability to override the interests of minorities
Operation principles of democary - Answer: -Equality of political rights
-Majority rule
-Political participation
-Political freedom
Equality of political rights - how upheld and undermined - Answer: Occurs when all have
equal access to entitlements essential to a citizen's ability to govern themselves.
Upheld:
-1 vote, one value system
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
,---> more powerful people do not have more worth than the average person
Undermined:
-restrictions/ qualifications for voting
E.g under 18, non-citizen
Majority rule - Answer: When the views of the majority are represented effectively via
legislation and the executive.
-In Aus, representatives need an absolute majority ( 50 percent plus one)
Upheld:
-Compulsory voting amplifies process
E.g 90 % voted in 2022 federal election---> views of majority reflected more effectively
Undermined:
-Limited access to polling places in Australia
E.g Around 60 % of indigenous Australians (many living in regional and remote areas )
voted in 2022
Political participation - Answer: Occurs when people exercise their political rights and
freedoms with the aim of influencing lawmaking / executive decision making.
Upheld:
-Lobbying, petitioning
-Referendums
-Voting
Undermined:
-Anti-protest laws ---> as a public health measure during Covid
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
, Political freedom - Answer: Entitlements that allow people to participate in their
government, ideally without fear of interference or cohersion when it comes to political
decision making.
Upheld:
-Separation of powers
-Closed ballots ---> choose representative without intimidation .
Undermined:
-government limits, defamation charges
Separation of powers - Answer: The organization of the powers of government in a way
that stops or prevents the concentration of power in the hands of one leader or an elite
group.
-Provides checks and balances to prevent abuse of power
Legislative - Answer: Makes and amends the law
-Upper, lower house, king represented by GG
-Law draft= bill
---> read, debated, voted and passed by both houses and approved by the GG
Executive - Answer: Puts laws into action
-responsible for 'running country'
Administrative: government agencies
Constitutional: GG
Political: Ministers and Prime minister
Judiciary - Answer: Makes judgements about the law.
-Settles disputes
-Enforces the law
-holding other government arms accountable
-High court ---> only court that can interpret the constitution
4
APPHIA - Crafted with Care and Precision for Academic Excellence.
Perfect Prep for Every Paper | Precision in Every Answer!
The rule of law - Answer: The principle that everyone, including those who have the
legal and political power to carry out the law are subjected to the law.
-In order to prevent the abuse of power from Courts, Parliament, police.
Key features of the law - Answer: -Universality of the law
-Law should be known, clear, consistent and coherent
-Independence of the judiciary
-Freedoms and equality exist within the law w
Universality of the rules of law - Answer: No one is above the law, even the law. (In
Australia)
-Australian Law is sovereign
-Can be conflict between customary law (e.g indigenous Australian) and formal law (
parliament)
-Migrants must modify some customs and traditions (e.g child mutilation, child marriage)
---> Aus laws directly oppose these values and traditions
-Laws must be accepted by majority of citizens and reflect moral values within that
society
---> Laws generally work on a moral basis because of this
-The idea is that 'good people' will follow the law without consciously knowing it
-Moral discomfort can be a powerful force that leads t changes in the law
-E.g moral principle of equality drove for changes in the marriage Act 1961 making
same sex marriage legal
The law must be clear, known, coherent - Answer: -People should know the laws exists
before they are subjected to them
-Once law passes both houses and is assented by executive, they are published
---> meaning claiming you did not know law existed is no excuse
-Knowledge of the law = made in futuro, not expost facto
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
,--->Cannot be prosecuted for acts that were legal at the time
-Consistency in application of the law ---> exception being children who do not
accurately understand the law
Independant Judiciary - Answer: Courts must be free from pressure and interference
from other arms of political and legal system ---> through separation of powers
-Judges reamian impartial
Freedoms and equalities before the law - Answer: -People can exercise legal right to put
pressure on the government
-Legal rights such as right to silence, presumption of innocence.
Liberal democracy - Answer: A system of government that is based on popular
soveignty (will of the people ) and the respect and protection of rights.
Democratic ideals ---> government should be representative of those that they govern
-government chosen by majority of citizens in a free and fair election
Liberal ideals ---> government should be held in check by having limited powers
-Should be restrained in their ability to override the interests of minorities
Operation principles of democary - Answer: -Equality of political rights
-Majority rule
-Political participation
-Political freedom
Equality of political rights - how upheld and undermined - Answer: Occurs when all have
equal access to entitlements essential to a citizen's ability to govern themselves.
Upheld:
-1 vote, one value system
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
,---> more powerful people do not have more worth than the average person
Undermined:
-restrictions/ qualifications for voting
E.g under 18, non-citizen
Majority rule - Answer: When the views of the majority are represented effectively via
legislation and the executive.
-In Aus, representatives need an absolute majority ( 50 percent plus one)
Upheld:
-Compulsory voting amplifies process
E.g 90 % voted in 2022 federal election---> views of majority reflected more effectively
Undermined:
-Limited access to polling places in Australia
E.g Around 60 % of indigenous Australians (many living in regional and remote areas )
voted in 2022
Political participation - Answer: Occurs when people exercise their political rights and
freedoms with the aim of influencing lawmaking / executive decision making.
Upheld:
-Lobbying, petitioning
-Referendums
-Voting
Undermined:
-Anti-protest laws ---> as a public health measure during Covid
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
, Political freedom - Answer: Entitlements that allow people to participate in their
government, ideally without fear of interference or cohersion when it comes to political
decision making.
Upheld:
-Separation of powers
-Closed ballots ---> choose representative without intimidation .
Undermined:
-government limits, defamation charges
Separation of powers - Answer: The organization of the powers of government in a way
that stops or prevents the concentration of power in the hands of one leader or an elite
group.
-Provides checks and balances to prevent abuse of power
Legislative - Answer: Makes and amends the law
-Upper, lower house, king represented by GG
-Law draft= bill
---> read, debated, voted and passed by both houses and approved by the GG
Executive - Answer: Puts laws into action
-responsible for 'running country'
Administrative: government agencies
Constitutional: GG
Political: Ministers and Prime minister
Judiciary - Answer: Makes judgements about the law.
-Settles disputes
-Enforces the law
-holding other government arms accountable
-High court ---> only court that can interpret the constitution
4
APPHIA - Crafted with Care and Precision for Academic Excellence.
