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Stage 2 Legal Studies Exam (SACE) || with 100% Accurate Solutions.

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Stage 2 Legal Studies

What is the rule of law? correct answers Principle that both the government and citizens know the law and are ruled by it. What are the three principles of rule of law? correct answers First "Is supreme over the acts of both government and private persons"; second, that "an actual order of posit...

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what is the rule of law

Institution Stage 2 Legal Studies
Course Stage 2 Legal Studies

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Stage 2 Legal Studies Exam (SACE) || with 100% Accurate Solutions.
What is the rule of law? correct answers Principle that both the government and citizens know the law and are ruled by it.
What are the three principles of rule of law? correct answers First "Is supreme over the acts of both government and private persons"; second, that "an actual order of positive laws which preserves and embodies the more general principle of normative order"
What is a federal system of government? correct answers Federal government is the division of powers between federal, state, territory and local.
What is the separation of powers? correct answers Judicial, executive, and legislative arms of government separate the powers.
What are examples of checks sued by each arm on the other arms? correct answers Judiciary checks on the legislative, legislative checks on the executive.
What is the structure, role and composition of the Federal parliament? correct answers Parliament consist of two houses, the house of representatives and the senate, focusses on issues that affect all of Australia
What is the structure, role and composition of the State parliament? correct answers The house of
assembly and the legislative council, focus on state issues and legislation
What are the functions of parliament? correct answers Making and changing federal laws, representing the people of Australia, providing a place where government is formed, keeping a check on the government
What does bicameral mean? correct answers Uper and lower house of parliment
What is the difference between direct and indirect democracy? correct answers Direct democracy
is when citizens themselves participate in political decisions. Indirect is where citizens elect people to represent them in parliament.
What is representative government? correct answers Representative government is where citizens elect members of parliament to make decisions and laws on their behalf.
What are the features of representative government? correct answers Regular elections, rule of law, political equality, transparency in government.
What is the role and composition of the executive? correct answers Made up of public service and government ministers, prime minister and governor general, Head of state How is government formed? correct answers Government is formed after an election, the political party with the majority of seats in the lower house of parliament (76) forms government.
What is the role of the Federal Executive Council? correct answers FEC Provides representatives
to meet with the Govenor General to advise about the work of Government
What is responsible government? correct answers Responsible government refers to a government that is responsible to the people.
What is the role of the judiciary? correct answers Interpret and apply laws to specific cases, the term refers broadly to the courts, judges, magistrates.
What is a court hierarchy? correct answers High court, supreme court, district court, magistrates court. The different levels of courts, for appeals
What are the reasons for a court hierarchy?
Describe the jurisdictions of the state courts. correct answers Judicial review by appellate courts of decisions made by lower courts
What is judicial independence? correct answers The judicial system is independent from the legislative and executive arm, ability for courts/judges to be impartial.
What are the features that protect judicial independence? correct answers Separation of powers doctrine, independence guaranteed in the constitution
What is the doctrine of judicial review? correct answers principle that the courts have authority to review and declare unconstitutional the actions of other branches of government
Explain two ways judicial review can occur correct answers Breach of natural justice, there was an error of law.
What is the difference between a public bill and a private members bill? correct answers Public bill can be proposed by anyone within jurisdiction (parliament/party), a private bill is one proposed by a private member.
Outline the role of a minister in making legislation correct answers They vote on bills in parliament, can propose/make laws subject to parliament.
Outline the main stages in making legislation correct answers First reading/introduction, second reading/consideration, committee stage/detail, amended, third reading/final consideration of the bill.
What options are available to the government if there is a deadlock between the 2 houses? correct answers A double dissolution or a joint sitting of both houses of parliament ordered by GG.

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