UNIT CONTENT

Political and legal systems

Essential to the understanding of accountability and rights are the practices of governance, including participation, the rule of law, human rights, including civil, political, economic, social and cultural, open government, consensus, effectiveness, accountability, natural justice and equity.
 * the accountability of the Commonwealth Parliament


 * through elections for the House of Representatives and the Senate
 * through the House of Representatives and Senate Privileges Committees
 * within the procedures and processes of the Parliament
 * through judicial review


 * the accountability of the Executive and public servants


 * through collective and individual ministerial responsibility
 * through Senate Estimates and at least one other committee of the Commonwealth Parliament
 * through the Commonwealth Auditor General and the Administrative Appeals Tribunal (AAT)
 * through judicial review


 * the extent of the accountability of the Governor-General and the Office of the Governor-General


 * through appointment
 * through removal
 * ‘the 1975 crisis’ and ‘the Hollingworth affair’


 * the accountability of the courts


 * through the appeals process
 * through parliamentary scrutiny and legislation
 * through transparent processes and public confidence
 * through the censure and removal of judges, including Section 72


 * the ways human rights are protected in Australia, including in the Constitution, common law, statutory rights, and charter of rights, such as the Charter of Human Rights and Responsibilities Act 2006 (Victoria) and the Human Rights Act 2004 (Australian Capital Territory)
 * the ways human rights are protected in one other country
 * the status of international covenants, protocols and treaties in protecting human rights in Australia
 * the ways in which Australia and one other country can both uphold and/or undermine democratic principles, with reference to

Political and legal issues
 * political representation
 * popular participation
 * the rule of law
 * judicial independence
 * natural justice

The political and legal issues are best addressed in combination with the relevant content of the Australian political and legal system. This requires an examination of: Political and legal research skills
 * the changing experience of a particular group with respect to their political and legal rights in Australia.

Research provides the opportunity to examine aspects of political and legal systems. The following skills will be developed in this unit.

Research and analysis Communication
 * identify, define, distinguish, analyse and evaluate principles and terms
 * describe, discuss, analyse and evaluate the operation and key features of a political and legal system
 * analyse statute law, common law, political decisions and legal decisions
 * distinguish between fact and opinion, theory and practice and formal and informal processes
 * identify and evaluate alternative conclusions
 * identify or propose solutions
 * predict intended or unintended consequences
 * use political and legal formats, terminology and techniques to suit an audience
 * utilise techniques to explore ideas and construct reasoned arguments
 * use an appropriate method of referencing