Full Employment of Labour

Unemployment comprises of the people who aren't working but are actively seeking employment.

Unemployment rate = Unemployed People/Total Labour Force X 100%

Labour Force = Employed + Unemployed (Age 15+)

Labour Force Participation Rate = Labor Force/Civilian Population Over 15 X 100%

Types of Unemployment-

General or Cyclical Unemployment

-Depends on level of economic activity

Frictional Unemployment
-people between jobs

Seasonal Unemployment
-temporarily jobless between seasons
-government not interesting in correcting cause its temporary

Structural Unemployment
-Firms downsizing/restructuring

Hardcore Unemployment
-ownself sohai

Hidden Unemployment
-Discouraged from working, but would wanna work but not seeking job. (Not counted in labour force)

Underemployed
-Want full-time but only get part-time

Natural Rate of Unemployment = Frictional + Structural + Hard Core
As all these are unavoidable

Acceptable Rate = 5%

Price Stability

-occurs with low inflation
-2%-3% Target of inflation

Indicators:
Consumer Price Index (CPI) most accurate


CPI = (Total dollar expenditure on market basket in current year)/(Total dollar expenditure on market basket in base year) x 100

Percentage change in prices = ( CPI later year – CPI earlier year)/
(CPI earlier year) ] X 100

Uses of CPI
To measure changes in the rate of inflation or deflation.
In the adjustment of wages.
To assess the effectiveness of government economic policy in the control of inflation.
To measure “real” changes in economic growth.

Limitations of CPI
Includes only small sample of G&S so its not accurate
Not accurate as everyone buys diff stuff
Published 6-8 weeks after calculated, inflation rate late

Causes of Inflation
Imported Inflation - importing their inflation increasing our price domestic price increased also
Demand-pull Inflation - consumers demand more, so pull price up
Cost-push Inflation - production prices increase, wages/raw materials, taxes

Worsens EB and causes Unemployment

External Balance - Part B

FOREX - foreign exchange

When the Australian dollar depreciates:
International competitiveness improves.
Better international trade competitiveness improves Australia’s trade balance.
Higher economic growth and employment.
Fall in Australian investment overseas.
Rise in foreign investment into Australia.
Higher rate of inflation.
Increased net foreign debt and worsening CAD.
Rise in domestic interest rates.

When the Australian dollar appreciates:
Australia’s level of foreign debt falls.
The rate of domestic inflation falls.
Loss of international competitiveness.
Decrease in foreign direct and portfolio investment into Australia.
Rise in Australian investment overseas.
Levels of employment, income, and economic growth fall.

Causes of imbalance:
High inflation and declining international competitiveness
trade deficit
The lowering of protective barriers to trade (tariffs and quotas)
saving – investment gap.
The income transfers
deteriorating state of the global economy.
depreciation of the Australian dollar
appreciation of the Australian dollar
drought
rapid economic growth

Effects of imbalance:
Foreign debt
Reduced credit rating
Loss of investor confidence
Putting country at Risk of not being able to pay
Policy Responses (government policies)

External Balance

External Balance
-being able to meet all its financial obligations to other countries
-affected by current and capital flows

Current Flows:

Export and imports
-borrowing occurs to pay debt
-if export does not > import, trade balance deficit

Income transfer overseas
-interest payments on loans and dividend payments to owners of shares in domestic firms & other payment to foreigners (outflow of money)
-if income flow in > outflow, income transfer surplus archieved

3 Current Accounts:
Good and Services
(Export and import)

Income Transfer
(International payment and receipt)

Current Transfer
(giving without returns)

Current account deficit (CAD)
-import > export
-high level of capital inflow into Australia

The Australian Capital and Financial Account:

-total receipt > total payment, positive/surplus

-2 types of foreign investment

~Direct Investment
-Ownership more then 10%
-involves establishment and continued operation of firms and businesses within Australia
~Portfolio investment
-less then 10% firm purchased
-commercial bonds, foreign government securities and debentures
-depends on Aus's level of interest rates, share prices and level of business confidence

-income repatriation (send money back overseas)

-foreign ownership (country lose sovereignty over resources, owns more then 50% of company)

Indicators of External Balance
-Current account deficit as percentage of GDP (3% of CAD as a percentage of GDP)
-Net foreign debt as a percentage of GDP (40%-50%)
-Exchange rate (outflow > inflow, $ exchange fall)

Topic 4 : Macroeconomics Objectives

Economic Growth
-sustained increase in total output of goods and services
-occurs when there is increased total value of goods and services produced compared to previous years
-rate of increase of real GDP
-PPF shift outwards when it occurs

GDP-
Consumption, Investment, Government Spending, Net Exports

Benefits of economic growth:
–Higher income per capita and improved standard of living
–Creation of employment
–Less absolute poverty
–Higher levels of investment
–New technology
–External balance
–Greater tax revenue
–Higher environmental standards
–Leisure time

Costs of Economic Growth:
-Environmental degradation
-Structural unemployment
-Effects of inflation
-External balance and foreign debt
-Inequality of income worsens
-Materialism and consumerism
-Social costs

ICC

International covenant on Civil and Political Rights (ICCPR)
-adopted by General Assembly in 1966
-came into force in 1976
-Article 17 directly implemented into statute law as Human Rights(Sexual Conduct) Act 1994 allowing consenting adults freedom of sex in private

Convention on the Elimination on all forms of Racial Discrimination (CERD)
-Introduced in 1969
-Committee on Elimination of Racial Discrimination established to monitor compliance
-Commonwealth passed Racial Discrimination Act 1975 in compliance

Convention Against Torture (CAT)
-Came to force in 1987
-Aus has not passed domestic legislation
-The Crimes' (torture) Act 1988 was passed with references to acts of torture outside of Aus

Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)
-Forced in 1981
-Sex Discrimination Act 1984

Convention on Rights of the Child (CRC)
-Came to force in 1989
-Family Law Reform Act 1995 passed to comply regarding child rights on the breakdown of parents' relationship

International Covenant on Economic, Social and Cultural Rights
-Set up committee monitoring compliance
-No specific legislation

* * *

Aus has been criticized as little legislation has been passed by aus responds by saying it has very good human right records and common law together with parliamentary democracy adequately protects human rights identified in the treaties.

* * *

Arguments for use of HR Trearties:

• Provision of consistency between member-states
• Provision of leadership to other nations
• Setting of standards and provision regarding human rights
• Universally protect human rights as people move from country to country
• Mechanism to monitor compliance by member states and reports to committees allows issues of violations to be addressed

Criticisms

• Interferes with country's sovereignty
  
• Committees set up are not courts, appearing to lack impartiality and objectivity
• If commonwealth legislated for every HR under external affairs power they are encroaching on state's residual power
• Lack of consistency in criticisms
• Aus govern = directly accountable to people, limited in degree which they can respond to all provisions of treaty

***

International Court of Justice (ICJ)

-Settle disputes brought to it by member-states in accordance with international law
-Give advisory opinions on questions of law internationally

**Hostage taking, asylum seekers' rights, territorial sovereignty, maritime borders

International Criminal Court (ICC)

-Investigates serios international crimes
-Genocide (Killing/causing serious harm to group of people with intention of destroying them)
-War crimes (breachs of Geneva Convention 1949) that apply internationally and domestically.
--Crimes against humanity (widespread and systematic attacks against civilian population

* * *

What are the roles of international treaties in Australian law? (8 marks)





I. Improve human rights protection for all Australians, set a new benchmark for human right protection in Australia.



· International covenant on Civil and Political Rights (ICCPR).

· Convention on the Elimination of all forms of racial discrimination (CERD).

· Convention Against Torture (CAT).

· Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

· Convention on Rights of the Child (CRC).



II. Additional guidelines to assist judges in interpreting statutes. Additional source of law to assist judges in interpreting statutes.



· International treaties signed by Australia act as additional guidelines for judges when interpreting statutes. This will ensure judges keep up to new evolving international standards when it comes to judicial law making.

· Additional source of law on top of domestic law. This ensures that domestic laws in Australia are constantly being ‘updated’ by new sources of laws if treaties signed by the Executive are passed by the Legislature (Parliament). This ensures that a domestic law in Australia does not remain stagnant and evolve according to new international norms.



Example: Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law.



Teoh’s Case * elaborate on the applicability. Note: the doctrine of Parliamentary Supremacy or Parliamentary Sovereignty against the judges decision in Teoh’s case.







III. Influence Australia’s trade policies and trade legislation. Facilitate enactment of Australian laws to improve Australia’s economy and international trade with other countries.



-US – Australia Free Trade Agreement: refer to page 125 of the textbook.

-Other International Trade Treaties.

· Facilitate safer inter-state relations

· Enhance international cooperation and understanding with other Australian trading partners.

· Trade treaties such as WTO Agreements and the United Nations multilateral treaties are shaping the way trade is conducted. Adopting these treaties sends a signal to international investors and trade operators that a country is serious about creating a secure climate for business.



IV. Affect Australian laws and policies on security and defense in including Australian criminal laws. (for example relating to terrorism laws *refer to example given in Lesson 33, referral of powers on new codification of criminal laws relating to terrorism).

· Improving the defense in Australia, the region and the world in general



· Defense Agreement between the government of Australia and the government of the Republic of Singapore concerning the use of Shoalwater Bay training area (Queensland) 2005.



· Australia’s role in Iraq and Afghanistan.





V. Preserve international stability and act as a guideline to resolve international territorial disputes, law of the sea.



· United Nations Law of the Sea (UNCLOS) (refer to Lesson 34)







VI. Extradition treaties, ensure criminals are prosecuted.

· signatory to the Geneva Convention 1949

· Enacting the Consequential Amendments Act 2002 (Cth) which incorporated offence of genocide into domestic Australian law

· Relationship with the ICC

Federation

Federal System -
System of government in which a national government and state government have their own independent legal systems and law making powers

Federation -
Forming of a nation by union of states which give up some powers and responsibility to national government.

Stages

1)Pre-convention stage
involvement in pre-federation colonial conferences and agreement

2)Australasian conventions
participation in two formal australasian conventions to draft the constitution

3)Colonial ratifications
passing of enabling bills to conduct colonial referendums to get the approval of the colonists for the federation proposal

4)British approval
negotiation with britist government to have them sponcor the bill through the Imperial Government

5)Proclaimation and Inauguration
1 january 1901

1840s-1901


Reasons -

institute free interstate trade and national defense arrangements

Restricted immigration policy
industrial relations systems to resolve interstate disputes
national approach to communication networks

Amending the Constitution

Section 128 - Altering the Constitution

1)Consultation
2)Drafting
3)Parliament Stage
4)Referendum Stage
5)Post Referendum

Reasons for failure:
1)Bipartisan support
(non-labor parties reluctant to co-operate)

2)State's power
-One proposal in 1988 referendum failed as states were opposed to Federal Government being given financial grants directly to local government councils.
-Erosion of state authority

3)Dual criteria
-Organic document capable of change

4)Miscellaneous reasons
-Fear of big government
-General misunderstanding of complex issues
-LEave things as they are
-Government doesnt make it simple

Aboriginals - List of Acts/Constitution Shit/HR Conventions

Native Title Act 1993
-Established National Native Title Tribunal
-Prescribed necessary criteria to approve applications
-Federal court gives effects

1967 Referendum!
-Remove perception of discrimination
-Meet approved moral standards of human rights
-Allow commonwealth to make national laws about indigenous affairs

Section 51 (xxvi)
'other then the aboriginal race in any state'
-Making indigenous affairs a prohibited power of commonwealth and residual power

Section 127
'where the population of the aboriginal natives shall not be counted'
-Removal : allowing same citizen rights for them like other Australians

Federal Statutes

Racial Discrimination Act 1975
-passed under obligations of International Convention on the Elimination of All Forms of Racial Discrimination
-Makes discrimination based on color, national or ethic origin unlawful.

Racial Hatred Act 1995
Amends and expands the coverage of RDA
-Making it unlawful to offend, insult, humiliate or intimidate

Human Rights and Equal Opportunity Commission Act 1986
-Created the commission now known as Australian Human Rights Commission
-Administers RDA and RHA


Council for Aboriginal Reconcilitation Act 1991
-Established the Council for Aboriginal Reconcilitation to build better communication and understanding.
-Aims to address issues such as cultural recognition and shared ownership or history

Aboriginal and Torres Strait Islander Heritage Protection Act 1984
-Protects and preserves significant parts of aboriginal people's cultural heritage and complement state acts

State Statutes

Bad

1911 South Australia : Aborigines Act
Power to segregate Aboriginal people onto reserves/power to arrest

1923 South Australia Aborigines (Training for children) Act

Good

Equal Opportunity Act 1984
-Consolidated a few discrimination acts including South Australian Racial Discrimination Act 1976
-Administered by State Equal Opportunity Commissioner
-Aggrived persons can complain to Equal Opportunity Tribunal

Racial Vilification Act 1996
-Allows civil claims to be made for damages, as well as criminal prosecutions of companies and individuals.
-Administered by SA Equal Opportunity Tribunal(EOT)

Aboriginal Heritage Act 1988
-Committee includes indigenous representatives
-Advises minister to protect/preserve sacred Aboriginal sites, objects or remains
-A Register of Aboriginal Sites and Objects maintained by Minister

Protection of Aboriginal Rights

Problems with courts -

1)Lack of Aboriginal cultural awareness.
-Aboriginal awareness training

2)Language barriers.
-Interpreters.

3)Customs (avoidance relationship etc)
Tale into account customary law.

Avoidance of eye contact, family members, naming the dead.

Proposals already made:

Employment of Aboriginal court facilitators by the Department of Justice

Aboriginal Court Day/Nunga Court in Port Adelaide, South Australia
-Deals only with aboriginal people who plead guilty to an offence
-Magistrate sits off bench, more at eye-level with offender
-Aboriinal justice officer/senior Aboriginal person advises on cultural and community matters
-Offender sits at bar table with lawyer and a relative sit with them
-Family/friends encouraged to attend

Social Cognition : Measurement of Attitudes, Ethics

2 types of test-
Self Report Measure

• Relies on participants being self aware and honest
• Uses rating scales, producing easier to manage data then open ended questions
• Problem : experimenter bias

Covert Measure

• Aims to get the 'real truth'

-Two approaches:

Observing people's behavior
(eg, nodding of heads to a statement in agreement that is being made)

Problem : Behavior doesn't always reflect attitude

Physiological measures
(heart rate, perspiration, pupil dilation [usage of EMG, EEG])
*EMG = electromyography = activation signal of muscles
*EEG = electroencephalography = brain activity

Non-obtrusive Measurement
(watching people who dunno they are watched)

-They are less likely to adopt behavior that is socially desirable/ won't fake shit
(putting cctv in retail shops)

* * *

Ethics
-Because we deal with humans and often use deception

Deception is necessary to overcome
-demand characteristics (placebo effect)
-social desirability

Debriefing's goals
-Opportunity to raise questions/concerns
-Explain/apologize for deception
-Discuss purpose and methods to enhance educational value of participating
-Detect and deal any negative/long-term effects

In Addition to the 5 ethical principles of research are:

1)Fairness
-Equal treatment without bias

2)Do no harm
Temporary discomfort > Long-term gain in society?

3)Respect
for people's rights and dignity(especially vulnerable groups)

Social Cognition : Social Issues

Stereotypes

Formation:
-Strongly held attitudes based on powerful schema
-Based on first impression of people of a certain group(first indian i saw touched my ass)
-Simplification through association

Implications:
-Schemas are continually reinforced in our environment - we notice information that confirms then then those that contradicts them
-Blinds us to individual differences
-Reflects our socio-cultural beliefs

Overcoming:
-Disconfirming information

• Bookkeeping
• Conversion
• Sub typing
  

Prejudice

Formation:
-Belief in one's own superiority
-Negative - hostile towards a group or person
-Positive - Undying support for own group

Discrimination
-Acts of verbal or physical violence towards an out-group

Social Cognition : Impression Management

Definition-
Process which people attempts to manage the impressions of themselves that they present to others.

• Done consciously and subconsciously
• Boosts effectiveness of persuasive communication
  

* * *

WHY?
the fuck we do it

1. Increase our appeal
2. Make others feel better around us (flatter, agree, favors and positive body language)
3. Enhance socially desirable behaviors

* * *

WAYS
to fucking do it

Non-verbal communication
-Body language

Verbal communication
-Talk cock, lie

Self-Handicapping
**Actions or thoughts that handicaps our performance in order to build an excuse for anticipated failure

Advantages!
-Protect self-esteem, self-image, public image
-Save face when lose, Win face when win
-Can be real or feigned

Disadvantages
-We may believe our excuses and perform less well, causing failure that we feared beforehand
-Lead others to make negative evaluations about our performance
-Can be dangerous if overboard(SMOKING, DRINKING, DRIVING LIKE F1)

Social Cognition : Social Comparison

Function-
1)Build self-image
2)Meet expectations and norms of society

• To rate ourselves with others when we are uncertain
• Usually compare to someone similar

* * *

Methods of Social Comparison

1)Upward Social Comparison
(Comparing with someone better)

Advantages
-Gives us an aim, improve ourselves
-Increase positive self regard; mastery

Disadvantages
-Makes us feel inadequate and disillusioned about our abilities
-Discouraging if standard isn't achievable

2)Downward Social Comparisons
(Comparing with someone who sucks)

Advantages
-Assessment of our position in a community
-presents us in positive light; making us feel good
-give self-esteem a boost

Disadvantages
Use common sense plz

3)Similar Social Comparisons
(Compare perceptions/attitude with similar people)

To assure ourselves that we fit social norms and fit in with our peers.

Social Cognition : Impressions, Impression Formation

Definition -
Formulation of tentative conceptions about others' emotions, motivations and personalities by gathering and interpreting situational and behavioral cues.

* * *

Impression Formation
1) Non-verbal communication

• physical characteristics
• face problem/expression
• eye contact
• posture, gait, movement
• open/closed posture
• gestures
• proxemics

2) Verbal communication
Two levels of assessment are involved:

Semantic - content/ what shit they talking
Expressive - tone, volume/ how the fuck they talking

3)Paralinguistic Cues
Variations in speech

• intonation, volume, pitch
• word emphasis
• pauses/hesitation

'Who are you?'
'WHO...are...YOU!!!!??'

* * *

Impression Formation : Principles

1)Formed through direct/indirect contact
2)Evaluated from limited external information
3)Impressions partly based on stereotypes (schema)
4)First impressions initially based on outward appearance
5)Primary Effect - First impressions form a base for subsequent judgements
6)3 Levels of judgements : physical, socio-cultural, psychological

Social Cognition : Persuasion

Theory of planned behavior
Justifies why you don't do what you're supposed to do but does something else you want to do instead.

* * *

Personality!
High self-monitors behave in a less attitude consistent matter.
Low self-monitors behave more consistently.

* * *

Behavioral Influence on Attitude;

Cognitive dissonance
Attitude -> Behavior or Behavior -> Attitude
because they are different, and this theory suggests we want them to be the consistent. Inconsistencies lead to an 'uncomfortable state of heightened arousal' - Cognitive Dissonance

May lead to change in behavior, attitudinal change or people may reduce their dissonance via external justifications.

Self-perception theory
behavior -> Attitude
An outsider's view of ourselves.
We gain an understanding about ourselves by observing how we behave and infer.

* * *

Both explains how inconsistencies between behavior and attitudes

-Cognitive Dissonance
Attitude and behavior at odds leading to discomfort

-Self-perception Theory
Attitudes are shaped by how we act

* * *

Bi-relational link:

works both ways, ie we play chess so we believe it will improve our performance, hence a belief that chess will enhance school performance.

* * *

Two paths of Persuasion

Central Route - requires a great deal of central thought and depends on quality of arguments. Works only on the significant and credibility and presentation of the argument is essential.

Peripheral Route - Less obvious way, using subtle inferences via famous/glamorous people.

Factors affecting persuasion :

1)Source
Expert / Non-expert
Attractive/ Unattractice
Rate of Speech

2)Message
Evoke emotions?
Subliminal?

3)Audience
Those who enjoy thinking like sound and logical arguments.
THose more image conscious would be more affected via the peripheral route.

Social Cognition : Factors Affecting Attitude-Behavior Link

1)Attitude Strength
Direct or indirect?

2)Accessibility
How easily it comes to mind?

3)Specificity
General or specific concept?

4)Ambivalence
Mixed feelings?

5)Social situation
Affects us freely expressing our true attitudes

Social Cognition : Attitude Formation

Factors influencing attitude:

1)Mere/indirect exposure
Formed in a less personal way. (Advertisers)
Too much exposure can have negative effect
Must initially be neutral/not overexposed

2)Direct experience
Actually experiencing something, forming attitude towards it.
Very powerful.
Important in traumatic/frightening experiences.
Often becomes strongly held, affects behavior
More likely to seek out information that confirms these attitudes
Resistant to change

3)Learning
Learned via association, reward/punishment or imitation.

Association:
Associating object with positive or negative feelings
Powerful impact on formation of stereotypes
Researchers suggest repeated association of neutral with positive/negative leads to same feelings

Reward/Punishment:
Adopting attitudes to gain favor

Imitation(modeling):
Observing and copying those we admire

Social Cognition : Function of Attitudes

1)Adaptive Function
-adapt to environment
-maximize rewards/ behave to reach goals
-minimize punishment by avoiding behaviors which dont reach goals

2)Self-expressive Function
-Give meaning to life
-Tell others about who we are
-Part of self-concept

3)Ego-defensive Function
-Protects self-esteem
-Shields us from negative things in our lives

4)Knowledge Function
-Allows us to make our world more predictable and familiar by organizing perceptions/beliefs about the social world.

Social Cognition

Attitude
learnt evaluative reactions

Positive, negative and ambivalent attitudes.

Affective Component-
how we feel that reflects our feelings

Behavioral Component-
Action

Cognitive Component-
Beliefs, ideas and opinions

Ethics in Psychological Research

Importance of Ethics:

Safety
Risk of physical/emotional harm
-Vulnerable groups
Children, elderly, disabled, retarded

Respect
-Sensitive issues

Validity of Data/Interpretion

* * *

DEFINITION:- Moral principles and code of behavior that psychologists must abide by.

* * *

Principles:
Confidentiality - Right to privacy.

Voluntary Participation - No coercion, no negative consequences for not taking part, no obligation.

Right to withdraw - Free to participate or withdraw at anytime

Informed consent - Informed prior to study about type and reasons of study, be aware of vulnerable groups.

***DECEPTION_Must have debriefing.

Debriefing - Participants informed of purpose at conclusion of experiment, and researcher needs to correct any mistaken attitudes or beliefs, provide any treatment to counter stress.

Accurate reporting - Must report all data. Cannot claim their hypothesis correct without data.

professional conduct - Must be professional, not personally involved, make sure colleagues agree to follow ethical guidelines

Measurement of assesing psychological responses

Objective Quantitative
Experimental
Quantitative Observational

Subjective Quantitative
Experimental
Quantitative Observational

Qualitative
Experimental
Qualitative

Experimental Design

Three type of research designs:

Experimental
Identify causation
Manipulates variables
Random assignment

Quantitative Observational
Treatment groups pre-existing
No random assignment, hence cannot identify causation
No manipulation, only observation to identify correlation of variables

Qualitative
Non-experimental, like quantitative observational only there is nothing quantitative about it, all interpretion/opinions

All three can collect two kinds of Data, Qualitative and Quantitative.

* * *

Experimental Design;

influenced by extraneous variables,

• Participant variables
• situational variables
• experimenter variables
• placebo effect

Advantages

• More control over extraneous variables
• Can prove causation by manipulating IV to affect DV
• Can replicate experiment

Disadvantage

• May be unethical
• Not applicable to real world

Quantitative Observational

Advantages

• Allow investigation of variables otherwise too costly, unethical or impossible
• Some behavior can only be studied using a naturalistic setting

Disadvantages

• Cannot infer a strong cause/effect due to greater chance of other variables influencing results, due to lack of random assignment

Qualitative
Answers a question instead of testing a hypothesis/prediction
Investigates difference between groups and Association between variables

Advantages

• Investigate complex real world issues
• Open ended approach provides important information
  

Disadvantage

• Chance of experimenter bias

Focus Group Method

Advantage

• Richness of generated data
• Easy to organize
• Inexpensive
• Safety in numbers principle
• Can collect info from uneducated people

Disadvantages

• Lack of confidentiality
• Unease disagreeing with large groups
• Not representative of other groups

Delphi Technique

Advantages

• Does not require participants to be at the same place at the same time
• Maintains confidentiality
• Minimizes disadvantages associated with group decision making

Disadvantages

• Forces consensus
• No discussion
  

Representative Government

(indirect democracy)

Australian political system is one where people elect people to represent them, hence they are accountable and thus, a system of representative government.

Key Features:

1)Rule of law
Everyone equal, no one above law.

2)Universal Franchise
Everyone allowed to vote regardless of whatever shit, thus representatives accountable for everyone.

3)One Vote/One Value
Secrecy of ballot

4)Salaried MPs
So working class people can have a chance to run.

5)Parliamentary Privilege
Full and frank debate in parliament.

6)Right to protest, associate, freedom of association
Join political parties/ protest against.

7)Open parliamentary debates
Everyone can watch.

8)Separation of powers
Check and balance/ prevent abuse

Separation of Powers

-Governing Aus needs a big deal of power
-Divided LEJ
-Checks and balances each other
-Prevents abuse of power/dictatorship


Doctrine:
-LEJ separated and independent of each other without interference.
-Independence of judiciary from L & E, judges make decisions without influence.
-Reduces changes of AOP/dictatorship.

Overlaps:

L & J
Legislature makes new laws for establishment of new Courts and Judiciary interprets acts of Parliament.

E&J
Executive gives approval for new tribunals, appointment of judges and judiciary is called to interpret meaning of regulations made by E.

L&E
Legislature scrutinizes action of ministers during Parliamentary sessions, executive is held responsible for laws that are brought to parliament.

Division of Power

is the division of lawmaking power of the Parliament. The commonwealth and state parliaments can only make laws within their powers described in the constitution or the law would be declared 'Ultra Vires'. Essential to prevent overlapping of power.

Specific powers-

Exclusive Powers -
Only the Commonwealth can exercise, requires national approach.
e.g. National defense, external tariff, printing money

Concurrent Powers-
Commonwealth and State can exercise. Most areas in Section51.
e.g. Corporations, trade, taxation.

Prohibited Powers -
1)General Prohibited
2)Commonwealth Prohibited
3)State Prohibited

Residual Powers-
Powers not listed, retained by state.
e.g. Health transport, civil, criminal law, education. (Not listed in State Constitution)

* * * * * * * * * *

Exclusive Powers

• S52 Federal property & federal public service
• S71 Creation of Federal Courts
• S51(iv) borrowing money on public credit
• S51(vi) and S114 the provision of armed force
• S51(xii) and S115 currency, coinage and legal tender

Concurrent Powers

• S51(i) trade and commerce with other countries & among states
• S51(ii) taxation but not to discriminate between States or parts of States.
• S51(v) postal, telegraphic, telephonic and other like services.
• S51(xx) Corporation powers
• S51(xxi) Marriage

Prohibited Powers

• S116 Federal Parliament is prohibited to make laws about religion.
• S92 Trade between states is to be free, without tariff.
• S51(ii) taxation must not discriminate
• S51 (xxxi) cannot change the Constitution by legislation, only by referendum.

Residual Powers

• Criminal matters which are not Federal offences, civil matters, environment, women and children, housing, education, transport, public health.
  

Responsible Government

Legislative Scrutinizes Executive
1)Executive government is accountable.
2)Ensures they act in ways that are approved by Australians that voted them into power.
3)PM must pass supply bill.
4)'Question Time' - Parliament (L) can ask anything about the E's actions.


Government-General bound by Executive Advice
Real power lies in hands of PM, as long as :
1)PM commands majority of HOR
2)PM can pass supply bill
3)PM does things that are consistent with the constitution

Gough Whitlam 1975, failed to pass supply bill.


House Of Senate checks and balances House of Representatives
Senate(Upper house/House of review)

Section 53 - Senate doesn't have to pass HOR's supply bill(Hostile Senate), but by convention is expected.

Rule Of Law

Supremacy of the Constitution -
All entities - government, person, organizations - are bound by constitutional law.


Equality before the Law -
Racial Discrimination Act 1975(Cth)
Sex Discrimination Act 1984 (Cth)
Equal Opportunities Act 1984 (SA)


Natural Justice & Rights of Individuals -
Everyone retains their fundamental rights,

2 elements :
1)Independence of judiciary
2)Fair trial

Functions of Law

Social Cohesion : Bonds that bring people together in a diverse community.

[V]alues of Society - Proving laws which identify and reinforce the social, moral, economic, religious and political values of society. Eg : Doctrine of unite (women inferior), doctrine of terra nullius to take aboriginal land.

[A]cceptable Standards of Conduct - By setting ASOC and sanctions for unacceptable conduct. Impose legal consequences for breach.

[D]ispute Resolution Mechanisms - Establishing dispute settle mechanisms to resolve disputes between individuals, or between individuals and the State. (LEJ)

[E]volving Society Requires Changing Laws - Acknowledging the need to change laws in response to changing times and evolving societies.

EG : Technological changes - ATM fraud : Criminal Law Consolidation Act 1935 amended - to make it unlawful to manipulate a machine for personal gain.

[R]ights of Individuals and Groups - Establishing laws that acknowledge and uphold the rights of individuals and groups, while promoting the welfare of society as a whole.

EG: Individual human rights (Marriage Act 1961: Freedom to choose own spouse)

Social Progress : The changing of society towards the ideal.

[E]ducation - Young australians to be educated as they are next workforce.

[Y]outh - Support the social and intellectual development of young Australians as they are future leaders.

[H]ealth -Preventation of contagious diseases, immunization jabs and etc.

[C]ommerce and Environment - Do not cause long term environmental harm.

Eg: fishing regulation