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Year 8 Civics and Citizenship
Terms in this set (17)
I understand what the Constitution is.
A set of rules by which Australia is run is called the Constitution.
I understand how we can change the Constitution.
Firstly to change the constitution, a proposal must first be approved by parliament. It then needs to be voted on by Australian people in what is known as a referendum.
I understand what the Judiciary refers to.
To make rulings or judgments about the law. It is made up of High courts and other federal courts.
I understand 'statute law'.
A bill becomes a law after it has been passed by Parliament. Can be passed by both state and federal.
I know the Separation of Powers and why we have it.
It is the three main branches of government. Legislative, executive and the judiciary. It ensures the government remains fair and accountable by creating checks and balances on the use of power. It is independent of each other, this means that one cannot influence the other.
I know how I can be involved in the process of running the country.
Voting, direct action, lobbying groups and becoming informed.
I know if a state or federal law has priority on the same issue.
Federal because it affects all over Australia.
I know which branch the Prime Minister belongs to in the 'Separation of Powers'.
I know what the rights are for a fair trial, legal representation and the presumption of innocence and burden of proof.
Fair trial - a person who is accused of breaking the law must stand before the courts to prove their innocence, or face the legal consequences of their actions. This means that the person's race, sex, characteristics or any other irrevelant factors will not change the outcome their trial .
Legal representation - each australian has the right to represent themselves or to hire a legal professional such as a lawyer to represent them.
Presumption of innocence - you are innocent until you are proven guilty, Burden of proof - requires that the legal party demonstrate that if the person is guilty or innocent based on the facts and evidence.
I know how Australia does not have complete 'separation of power'.
Australia does not have a complete separation of powers because some of the roles of the Parliament, the Executive and the Judiciary overlap. For example, the Chief Minister and Ministers are part of the Executive and the Parliament.
I know the powers of each branch in the Separation of Powers' eg. which one makes laws, which one administers the law and which one applies the law.
Legislature - power to make the law, Executive - power to administer the law,Judiciary - power to apply the law
I can identify two rights identified by the Universal Declaration of Human Rights. Provide examples;
Freedom of speech - allows person to voice their opinions, Freedom of association - free to join or form any groups or organisations that they wish
Freedom of assembly - allows people to meet in groups for social or political purposes
Freedom of religion - free to practice their many different faiths or to practice no religion at all
Freedom of movement - can travel freely to all states and territories in Australia and also leave and re-enter Australia freely.
I know how someone can influence the GVT.
I know the difference between a criminal and a civil case.
Criminal - Must be beyond reasonable doubt (judge and jury must be 100% sure to convict)
Civil - Standard of proof is in the balance of probabilities (meaning that it leans to what is more likely)
I know what 'standard of proof' is in a Criminal case.
The prosecution must prove its case beyond reasonable doubt and if the defence carries an onus of proof
I know the difference between a defendant and a prosecutor.
Is that a prosecutor is a lawyer who decides whether to charge a person with a crime and tries to prove in court that the person is guilty while the defendant is (legal) in civil proceedings, the party responding to the complaint; one who is sued and called upon to make satisfaction for a wrong complained of by another.
I know what the word 'defamation' means.
Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime.
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