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Civics and Citizen ship - HASS Yr8 ~Term 4~ (Federation (The white…
Civics and Citizen ship - HASS Yr8 ~Term 4~
6 Key Concepts
The Westminster System
a form of parliamentary government originating in the United Kingdom
named after the area of London where the British parliament is located
Parts of the Westminster System:
a lower house of parliament (that has been elected democratically by the people)
a head of state or sovereign (such as the Queen or Governor General)
a head of government (such as a prime minister) who leads the majority of representatives in the lower house
an executive or cabinet made up of members of parliament (MPs)
an independent civil service that serves the government in power
an independent judiciary (made up of the courts), which upholds the rule of law
In Australia, the Westminster system is used by both our federal and state governments.
Justice
idea of justice can mean different things to people from different societies and cultures
For some it might mean payback, while for others it might mean fairness
the concept of justice in Australia ultimately means that people should treat each other in a manner that is fair and balanced
Democratic Values
the beliefs and ideals that are held by our society as a democracy
respect, equality, fairness and freedom
a very important part of living in a democracy as they allow us to participate and have a say in the way our country is run
respect - treating others with consideration and valuing their views, beliefs and rights
equality - rights and privileges for all, without discrimination
fairness - all people are treated fairly, or without injustice, and are given equal opportunity
freedom - rights, privileges and responsibilities for all without interference, or control from other citizens or government
Participation
concept of participation is an important part of living in a democracy
refers to the way good citizens contribute to or take part in society
In Australia, we participate in the running of society in a number of ways, such as by voting in an election or referendum, serving on a jury or paying taxes
One of the most important ways we can participate in a democracy is by voting in an election. By voting for the issues that are important to us, we have the power to influence the way our country is run
Democracy
system of government run by the people, for the people
citizens are involved in the running of society by electing people who will represent them in government
Australia are representative democracies
In Australia, citizens over the age of 18 are required to vote for candidates in elections for federal, state and local government
Rights and Responsibilities
refers to our entitlements and duties as citizens
Our rights ensure we are able to have a say in the way our country is run and are treated fairly in the process
our civic responsibilities ensure we contribute to our society in order to keep it going as a strong democracy
Constitution
Federal government is controlled by the constitution
has the right to tax people
Break tax money into budget
prime minister
State government also controlled by constitution
premier
The constitution is a book of rules that runs the nation
Federation
All colonies (states) were individual, then federation happened and they all came under the same umbrella
All colonies thought they were rivals
All colonies saw themselves as unique and independent
Colonies became a whole because of fear of invasion (1 reason of federation)
Each state had its own taxes and railway system – how to travel (1 reason of federation)
Federation had to overcome taxes, defence, travel
Referendum – a vote to change the constitution by the people
WA last state/colony to agree to federation
The white Australian policy
People who wanted to come to Australia had to undergo a dictation test
If they didn’t want you and you were white, they would put the test in a different language
Laws
Legal and non-legal rules
legal rules made by law makers
laws can be enforced by the courts or police
laws made by government
Politicians --> elected --> to represent us (the people)
non-legal rules are not enforceable by the government
e.g. school rules
Why we obey the law
to function peacefully
important for lawmakers to develop laws that citizens think are acceptable or understandable
Every day our lives are influenced by rules and regulations
buying a ticket to ride the bus
wearing a seatbelt
Common & Statutory laws
role of a judge is to interpret the statutory laws passed by parliament and apply them to individual cases
in some instances, statutory law is not clear about how a particular case should be dealt with
common law in many ways fills the gaps left by statutory laws, in some instances the parliament will pass law based on common law. This is known as codification.
In Australia, most of our basic rights are protected by common law, since we do not have an official Bill of Rights
Common law (aka case law) arises when new decisions are made by judges in court
Statutory law (aka written law) is the one which is set down by a legislature
Common law tends to be instructive in nature while statutory law is prescriptive
In common law a judge refers to similar cases in the past (precedents) and makes a decision
differences
common law
uncodified (not written down somewhere)
Judicial precedents are binding
Main sources of the law: (1) case law more than legislation: (2) custom + practice
statutory law
codified (written down somewhere)
Judicial precedents are not binding (or at least not so much)
Main source of the law: legislation/constitution
Precedent
A precedent is a context that means any similar cases in the future should be dealt with the same way
Statutory laws can be passed by both state and federal parliaments
state parliament can only pass laws affecting their own state
federal parliament, on the other hand, can pass laws that apply to the entire nation
Different courts have different levels of power when dealing with the law
Civil Law
Civil law protects individuals
typically deals with disputes between individuals over an action that results in loss or harm
aims to right the wrongs done by compensating or paying for the victim’s loss
can sue the other party for damages
civil disputes
When one party takes action against another, the civil action does not necessarily go straight to court.
Sometimes involved parties can negotiate a solution between themselves
Sometimes they may require mediation. Mediation is a method of resolving civil disputes and involves the assistance of an independent, third party to moderate discussion and help the parties resolved to reach a resolution
solution cannot be reached through negotiation - dispute may need to go to court
person who takes complaint to court is known as the plaintiff
person being sued is known as the defendant
Civil disputes use the adversarial system in court.
A plaintiff and a defendant
Main civil disputes family, contract and tort
civil remidies
If the plaintiff wins the dispute, they are entitled to a civil remedy
A civil remedy usually takes the form of money, known as damages
Unlike criminal law, the aim is not to punish the wrongdoer by any more than is needed to repair the damage done to the victim
judged on the balance of probabilities
Criminal Law
Group of laws put in place to protect us from harm
be divided into serious offences (such as murder and less serious offences (such as damaging property or using public transport without buying a ticket)
Serious offences are known as indictment offences - must go to trial in court and will be punished more severely
Less serious offences are known as summary or simple offences - generally dealt with quickly by the court or police
• caught or accused of a crime, there are two things to consider - a guilty act and a guilty mind
There must be a guilty act
There must also be a guilty mind
10 to 17 must go to the Children’s Court of Western Australia
going to court
• accused of the crime – known as defendant
• ‘prosecution’ - legal professionals who are working on behalf of the state
• If the accused pleads not guilty, the prosecution must then use the facts of the case, or evidence, to prove the accused is guilty beyond reasonable doubt
punishment
• imprisonment
• fines - must pay money to the court or council.
• community based order - unpaid work for the community
• suspended sentence - they do not have to go to jail for part or all of their sentence on the condition that they do not commit another crime during the suspension
• good behaviour bond - an offender can accept no punishment if they promise to behave for the duration of the bond (up to 12 months
the right to a fair trail
• treated as innocent until the court can prove they are guilty
• the defendant must be given the opportunity to be represented by a legal professional in court
• All people are considered equal before courts and tribunals
• unbiased court or tribunal
the jury system
• 12 to 18 random citizens who are selected to assist in deciding on the outcome of a trial
• the prosecution and defence will present their cases and evidence to them
• defence has argued a better case, the jury is obliged to find the defendant not guilty
Aboriginal and Torres Strait Islander customary law
The Dreaming
Dreaming stories laid down the rules for people to live by, including the social and moral order that allowed people to live together peacefully
Passed down from generation to generation by word of mouth
One customary law that is very different to current Australian law is the idea of land ownership
Disputes and Elders
elders play a very important role in maintaining order
elders were often highly respected members of the community who had a deep understanding and knowledge of traditions and laws
customary law of Indigenous Australians varied between nations and language groups just like their languages and other customs
The freedoms of Australian citizens
Freedom of assembly
allows people to meet in groups for social or political purposes
can come together to express their opinions in a protest as long as it does not turn violent or break laws (such as trespassing)
The ability to assemble and protest freely is an important part of democracy in Australia because it allows us to influence political outcomes
Freedom of religion
free to practice their many different faiths or, to practice no religion at all
the rules of any given religion cannot override Australian laws
Freedom of association
free to join or form any group or organisation that they wish to, as long as the main activities of the group are legal
freedom of association is not officially protected by the Australian constitution, although culturally it is considered a basic right
Freedom of movement
A citizen can travel freely to all states and territories in Australia and also leave and re-enter Australia
These rights are not available to people who are not Australian citizens, who must fulfil certain requirements to be allowed to enter the country
Freedom of Speech
allows a person to actively participate in Australia’s democracy by voicing their opinions publicly about any topic within the bounds of the law
Australian constitution does not protect freedom of speech, rather it is a privilege encouraged by the culture of our society
Bounds of the law
our freedoms are limited by ‘the bounds of the law’
we cannot break the law in order to express our freedom of speech, association, assembly, religion or movement
Freedom allows people to act and express themselves in whatever way they feel, so long as it does not infringe upon the rights of others
Australia's national identity
Mateship and the Anzac legend
Mateship refers to the strong relationship between mates or friends, which is based on loyalty, support and the ability to rely on each other
WW1 Australian baptism of fire – first war the Australians fought
the diggers (soldiers) showed great courage, humour and mateship throughout the Gallipoli war. These qualities became known as the Anzac spirit and part of the Anzac legend
mateship is an important part of the Australian national identity because it encourages us to work together and help those who need our support
Our changing identity
federated country since 1901
Today, Australia is made of many diverse people, cultures, and beliefs
The inclusion of people from a diverse range of societies has given Australia a sense of cultural diversity
Our national identity is made up of our shared history and values along
Australian values
Values are the beliefs, ideals and behaviours that we consider important.
society as a whole has values that guide our behaviour
values – freedom, equality, compassion, inclusion, responsibility and giving people ‘a fair go’
Inclusion
By including everyone, we are able to live in harmony together rather than in conflict or isolation
Responsibility
Taking ownership of our decisions and ensuring that others do not suffer as a result of our behaviour
Freedom
not completely free to do anything we like
Compassion
Compassion is perhaps the most important value of any healthy society, as it influences people to help others who are experiencing extreme suffering
Equality
we treat everyone the same
A 'fair go'
everyone deserves a fair chance to succeed
Multiculturalism
Made up of Indigenous Australians, migrants who were born overseas and the descendants of those who migrated to Australia
Australian streets are bustling with a diverse range of music, food, beliefs and customs
Indigenous Australian and Australian Identity
Australia’s national identity is one that is marred by controversy
pioneers and settler
more disturbed by the crimes that these Europeans committed against the Indigenous populations of Australia
reconciliation
truly recognising this part of our history is a necessary step towards properly defining the Australian identity
to achieve reconciliation, former Prime Minister Kevin Rudd made a formal apology to the Aboriginal peoples on behalf of the Australian Government
people have different opinions about what more needs to be done in the way of reconciliation
There is a lot of debate around Australian icons, such as the flag and Australia Day, which ignore our nation’s pre-British history
acknowledging the past
‘History is written by the victors’
Before Europeans, Australia had long been inhabited by Indigenous Australians
Indigenous were later killed
Indigenous forced from their sacred lands and into servitude
Acknowledging this past has not been easy
ignoring it has caused great suffering to the surviving Indigenous Australians
This has resulted in two very different perspectives on our nation’s identity
