Major Issues in the High Court Review 2006

In the United States, democracy can be perceived as a government being ruled directly by its citizens meaning they are proactively involed in governmental descions; this definition can be found under Participatory

Democracy is a system of government by the whole population or all the eligible members of a state, and is one with representative institutions and a rule of law.

The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

Another institution that protects our rights is shown by this case, the principle of separation of powers is on display, simply put the principle of the separation of powers refers to the three different branches of government (Executive, Legislative, Judicial) and how they provide for a system of checks and balances for one another (Donald Carper, 2011) ensuring all parts act within the scope of their powers. This is outlined by the fact that the actions of the executive where investigated by the courts to see if their actions were in compliance with the Australian Constitution and other relevant legislation passed, by ensuring that the government’s actions were in accordance with the rules stated in the constitution it was ensured that the government acted within its scope and there was no abuse of power, because if this system of checks and balances did not exist than there would be no way to stop one of the bodies from overstretching and doing something that is outside of their power, we need to hold institutions accountable in order to ensure people’s rights are protected and governments cannot implement any policy that they wish. Individuals may disagree about the outcomes of particular cases but it is vital to our democracy and our rights that all the outcomes of cases are based on the Constitution and the relevant legislation, by having everything follow a set guideline and by having systems to enforce these guidelines we ensure institutions

In this brief, I am going to prove to you, the judges and the court, that Officer Raymond’s initial stop is objectively justified under the Fourth Amendment and the New Setonia Statute. Because the truck was old, Officer Raymond’s experience being a police officer, and Mr. Jackson’s making movements towards the glovebox while Officer Billy was approaching the car, this proved there was reasonable suspicion to stop the car. Additionally, even if Mr. Jackson’s car was not a commercial vehicle, there were enough other factors pertaining to search of the truck that made the mistake of law objectively reasonable. Based on all of the facts and the evidence listed in the case, the state of New Setonia is going to win.

According to Merriam-Webster Dictionary, Democracy is defined as a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections. This definition is accurate in

it is defined as the political system in which citizens are directly involved in the decision making process. Adding more to it, citizens can vote on all legislation . For eg: Switzerland which is the first and the foremost government example of the direct democracy.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

After viewing the video and reading the chapter, respond to the following questions. 1. List and describe the major sections contained in most state constitutions. (E.g., federalism, separation of powers, individual rights,etc.).

The Supreme Court of the United States is the highest ranking federal court and was established in 1789. It plays a very important role in the government because it ensures that legal decisions are constitutional, and all courts interpret the constitution correctly to assure that new legislation and laws are consistent with the Constitution. The Supreme Court is currently made up of 9 justices, there is one Chief Justice and eight Associate Justices. These Judges, like those in the past, have been appointed by the President of the United States and are confirmed by the Senate. They serve unlimited terms, meaning that they hold these seats for life. Although the Supreme Court has helped the U.S. in many ways there are still many changes that

A democracy is when the common people are considered as the primary source of political power. Although democracy and absolutism had advantages and disadvantages, democracy was a more effective type of government for it limited royal power and protected the rights of the people socially, politically, and economically. Throughout the seventeenth and eighteenth centuries, tension arose between the two different types of governments, the democracy and absolute monarchs.

I am sure there is no greater pursuit than that of equal voice, to be heard. Democra-cy marries the people and the government to coincide and cooperate, to make the country equal and free. “It is rumored that a Chinese student at the 1989 Tiananmen Square democracy rally held a poster that read, ‘I don’t know what democracy means, but I know we need more of it.’ In fact, democracy is a concept with a variety of potential meanings, and it is not simple to grasp or define.”(Dalton, Shin and Jou, 143) In a democracy, the government is the spokesperson for the people and the needs they would like to be met. The government is a group of people in the state who have the ultimate authority to act on behalf of that state. A democracy is a state in which citizens vote to choose the best candidate. Democracy requires an attitude of mind, a be-lief that every citizen has the right to a hearing, a sense that no doors are closed to talent and en-ergy. Democracy is a political system for choosing a government through free and fair elections; it is the active participation of the people, as citizens, in politics and civic life. Moreover, democ-racy focuses on the protection of human rights of all citizens and laws that are equally applied to all

It has also been suggested that a basic feature of democracy is the capacity of eligible voters to participate freely and fully in the life of their society.[14] With its emphasis on notions of social contract and the collective will of the eligible voters, democracy can also be characterized as a form of political collectivism because it is defined as a form of government in which all eligible citizens have an equal say in the decisions that affect their lives.[15]

What is democracy? Democracy a form of government in which the people freely elect representatives to govern them in a country, democracy guarantees free and fair elections, basic personal and political rights and independent court of law. There are two types of democracy, direct and indirect democracy. Direct democracy or pure democracy is where there is direct participate of the people; people make decisions for them instead of letting them representative make decision for them. Indirect democracy the decisions are made by the representative on behalf of the people that voted for them. All over the world people are having different views with regard to democracy and how it operates. “It has been said that democracy is the worst form of