1. Australia's international legal obligations
1.1. What are Australia's global roles and responsibilities?
1.1.1. Australia's role as a member of the UN
1.1.1.1. Role: Promoting human rights and international justice.
1.1.1.1.1. International peace and security in the world
1.1.1.1.2. creating friendship between nations
1.1.1.1.3. providing a central point where nations can come together to achieve goals
1.1.1.2. Membership of the UN allows Australia to have a voice in international affairs, and play a role in promoting stability in the world.
1.1.1.2.1. Membership of the UN also helps Australia protects its own economic and security interests.
1.1.2. Australia's international roles and responsibilities
1.1.2.1. Australia works with the UN to provide foreign aid and peacekeeping, and to work towards protecting the environment and upholding human rights.
1.1.2.1.1. Millennium Development Goals (MDG'S)
1.1.2.1.2. Foreign aid is assistance in the form of money, skills or other resources transferred from one country to another, mainly for humanitarian reasons.
1.1.2.2. UN peacekeeping assists countries who have been torn by conflict to achieve lasting peace.
1.1.2.2.1. maintains peace and security in a region
1.1.2.2.2. protects civilians
1.1.2.2.3. oversees elections
1.1.2.2.4. disarming those who were involved in fighting
1.1.2.2.5. restoring rule of law in a region
1.1.2.3. The UN plays an important role in bringing countries together to agree on set targets to reduce greenhouse gas emissions. In 2008, Australia became a full member of the Kyoto deal.
1.1.2.3.1. Australia must cut its emissions by 5% below 200 levels by 2020 (not happened)
1.1.3. Australia's treatment of asylum seekers
1.1.3.1. Australia has international obligations to asylum seekers and refugees
1.1.3.1.1. Australia has agreed under the Refugee Convention refugees will not be sent back to their country of origin where their freedom may be threatened
1.1.3.1.2. The current governments policy discourages asylum seekers arriving by boat (even though it is legal)
1.1.3.1.3. Australia's treatment of asylum seekers is inhumane (detention centres such as nauru and manus island)
1.2. How are government policies in Australia shaped by international agreements?
1.2.1. Australia's international agreements
1.2.1.1. Australia has international obligations in a wide variety of areas such as human rights, the environment, defence, security and trade. These are written down in documents called treaties, which Australia is bound to observe.
1.2.1.2. Bilateral treaty: a treaty between Australia and one other county.
1.2.1.3. Multilateral: a treaty between Australia and two or more countries.
1.2.1.4. Ratification: is the process that legally binds Australia to implement the treaty.
1.2.1.5. International treaty Australia has entered into
1.2.1.5.1. Convention on the Rights of the Child
1.2.1.5.2. Declaration on the Rights of Indigenous Peoples
1.2.1.5.3. International Convention on the Elimination of All Forms of Discrimination
1.2.1.5.4. Convention on the Elimination of All Forms of Discrimination against Women
1.2.1.5.5. Convention for the Protection of the World Cultural and Natural Heritage
2. Australia's democracy and the global context
2.1. What are the key features of Australia's democracy?
2.1.1. Key features of Australia's system of government
2.1.1.1. In Australia, we have a system of government where our laws are made by parliaments. A parliament is a group or assembly of representatives who have been elected by the people to make laws on their behalf.
2.1.1.2. Performs a range of tasks such as making new laws, altering existing laws, discussing matters that affect the voters and examines problems within the government.
2.1.1.3. Australia's system of government is based on a federal system. (One central Commonwealth Parliament, six state parliaments and two mainland territory parliaments.
2.1.2. Principles of Australia's system of government
2.1.2.1. protects the rights and freedoms of individuals.
2.1.2.2. make laws that reflect the views of values of the people.
2.1.2.3. is accountable to the people.
2.1.2.4. there must be separation of powers.
2.1.3. Australia's Commonwealth Parliament
2.1.3.1. The Commonwealth Parliament must consist of two houses and the Crown-that is the Queen who is represented by the governor-general.
2.1.3.2. The lower house of Parliament is called the House of Representatives and the upper house is called the Senate.
2.1.3.3. All laws made by the Commonwealth Parliament must be passed or approved by a majority of members in both houses of parliament and the Crown.
2.2. What are the features of a resilient democracy and a cohesive society?
2.2.1. Safeguards to Australia's democratic society
2.2.1.1. In order to have a strong and democratic society, Australia's system of government is based upon core beliefs and attitudes that are respected and valued by most citizens.
2.2.1.2. The expectation that people must be given a fair go, which is promoted by our laws.
2.2.1.3. 4 Safeguards to Australia's democratic society include:
2.2.1.3.1. A government elected by the people
2.2.1.3.2. The right to dissent
2.2.1.3.3. Processes to resolve differences
2.2.1.3.4. Governments uphold our shared values
2.2.2. Threats to Australian democratic society
2.2.2.1. While Australia is generally a cohesive and united nation built on democratic principles, various factors could potentially threaten our democracy.
2.2.2.1.1. Media bias and voting
2.2.2.1.2. influence of those with vested interests
2.2.2.1.3. corruption
2.2.2.1.4. lawlessness
3. The Australian Constitution and the High Court
3.1. How does the Australian Constitution work?
3.1.1. The Australian Constitution-an introduction
3.1.1.1. Australia has a Commonwealth Constitution that outlines how our country will be governed.
3.1.1.2. It is the document that created and outlined the law-making powers of the Commonwealth Parliament and created the High Court of Australia.
3.1.1.3. By the late 1800's, support grew for the idea of Australia becoming a federation where each of the colonies would become the states of Australia and be united by one central or federal parliament.
3.1.1.4. Reasons for the federation included economic growth, to improve national defence and to enhance national identity.
3.1.1.5. The purpose of the Australian Constitution
3.1.1.5.1. The constitution established a federal system of government in Australia
3.1.1.5.2. Created an outlined the law-making powers of the Commonwealth Parliament
3.1.1.5.3. Outlined the structure of the Commonwealth Parliament, stating that it must consist of two houses and the Crown
3.1.1.5.4. Created the High Court of Australia
3.1.1.5.5. Outlined and protected some basic rights of the Australian people by placing restrictions on the law-making powers of the Commonwealth and state parliaments
3.1.2. How does the Australian Constitution work?
3.1.2.1. The law-making powers of the Commonwealth Parliament
3.1.2.1.1. Most of the specific powers of the Commonwealth Parliament are listed in Section 51 of the Constitution and include the power to make laws on:
3.1.2.1.2. Any areas of law-making power that are not stated in the Constitution as specifically belonging to Commonwealth Parliament belong solely to the state parliaments. (Residual powers)
3.1.2.2. Types of specific law-making powers
3.1.2.2.1. Exclusive powers refers to those specific areas of law-making power only the Commonwealth Parliament can make law in. E.g. currency, defence and customs and excise duties.
3.1.2.2.2. Concurrent powers are those specific areas of law-making power that are shared by both the Commonwealth and the state parliaments can make laws in the areas of taxation, marriage, census and statistics.
3.1.2.2.3. Changing the Constitution
3.1.2.2.4. The referendum process
3.1.2.2.5. 1967 Referendum
3.2. What role does the High Court of Australia play in interpreting the Constitution?
3.2.1. The Australian Constitution and the High Court
3.2.1.1. The High Court is the only court that has the power to interpret the Constitution
3.2.1.2. The High Court helps keep the the Constitution relevant
3.2.1.3. While interpreting the meaning of the Constitution, the High Court is able to act as an independent and impartial umpire to check that the Commonwealth Parliament does not make laws that exceed its constitutional law-making power.
3.2.1.4. The constitution established the High Court to hear and resolve disputes over the meaning of the constitution.
3.2.1.5. Over the years, the Court has been called upon to resolve disputes involving or not a state or Commonwealth law has been made in breach of any existing Australian law.
3.2.1.6. Case: Mabo v Queensland (no2) 1992