What is Government

Summary

This video script explores the multifaceted concept of government from the Australian public law perspective, highlighting the Australian Constitution's foundational role. It delves into the structure of government as a constitutional monarchy, parliamentary democracy, and federal system, emphasizing the interplay between Parliament, executive, and judiciary. The script discusses government's purpose, balancing capitalism and liberalism, and its functional roles in providing services, wealth distribution, regulation, and establishing societal frameworks. It also touches on governance modes, the blurring of public-private lines, and the law's dual role in shaping behavior and expressing societal values, including checks on government power.

Takeaways

• 🏛️ The Australian Constitution defines government as a constitutional monarchy, parliamentary democracy, and a federal system.
• 🌍 Government forms vary globally, including republics, dictatorships, and theocracies, each with unique characteristics.
• 🗳️ Representative government involves elected officials governing on behalf of the people, while responsible government holds those officials accountable to the parliament.
• 🔄 The Australian federal system consists of a Commonwealth government and state governments, each with distinct roles and responsibilities.
• 🏢 The three arms of Australian government are the Parliament, the Executive, and the Judiciary, each serving different functions within the state.
• 🛠️ The purpose of government is to provide peace, security, and a good standard of living, balancing capitalist and liberal values.
• 💼 The government's role in a capitalist and liberal society is to create a market-friendly environment while protecting citizens' rights and ensuring social justice.
• 🚧 Governments perform functions such as providing infrastructure, distributing wealth, regulating behavior, and establishing legal frameworks.
• 🔑 Modes of governance include hierarchical governance, market governance, and network governance, each with different approaches to steering society.
• 🤝 Collaboration between government and private entities in network governance addresses common problems and opportunities, blurring the lines between public and private sectors.
• ⚖️ The law plays a dual role in shaping behavior, facilitating actions, and adjudicating disputes, reflecting societal values and constitutional principles.

Q & A

What does the Australian Constitution establish about the form of government in Australia?

The Australian Constitution establishes Australia as a constitutional monarchy with a parliamentary democracy, operating under a system of representative and responsible government.

What are the three arms of the Australian government as per the Constitution?

The three arms of the Australian government are the Parliament, the executive, and the judiciary.

How is the Parliament described in the context of the Australian government?

Parliament, also referred to as the legislature, is made up of the Queen (represented by the governor-general), the elected Senate, and House of Representatives, and is responsible for making legislation.

What is the role of the executive in the Australian government?

The executive is responsible for carrying out or administering laws enacted by the Parliament and includes ministers from the governing party who make policy decisions and are accountable to Parliament for the implementation of those policies.

What is the function of the judiciary in the Australian government?

The judiciary adjudicates disputes about the validity and application of the law, serving a role in holding both the Parliament and the executive accountable.

What does the term 'federal system' imply in the context of the Australian government?

A federal system implies the existence of both a Commonwealth or federal government and state governments, with each having distinct powers and responsibilities as outlined in the Constitution.

What is the purpose of government according to the script?

The purpose of government is to provide peace and security, a good standard of living, and quality of life for the people on whose behalf they govern.

How does the script describe the balance between capitalism and liberalism in society?

The script describes the balance as a challenge for governments to create an environment where markets can flourish while protecting citizens from the worst excesses of those markets, ensuring market efficiency and private wealth creation are balanced with social demands for justice, equity, and fairness.

What are the four functional classifications of what governments do according to the script?

The four functional classifications are providing goods, services, and infrastructure; distributing and redistributing wealth; regulating behavior through rules; and constituting or establishing the legal and institutional framework necessary for society to function.

What are the three principal modes of governance mentioned in the script?

The three principal modes of governance are hierarchical governance, governance by markets, and governance through networks.

How does the script explain the role of law in the context of government functions?

The script explains the role of law as both functional and expressive. Functionally, the law shapes behavior, facilitates certain behaviors, and adjudicates disputes. Expressively, the law gives expression to important constitutional, democratic, ethical, moral, and shared societal values.

What does the script suggest about the relationship between government and the private sector in modern societies?

The script suggests that the line between the public and private sectors has become blurred, with the private sector increasingly relied upon to deliver services previously thought to be the exclusive domain of government, which has implications for government accountability.

Outlines

00:00

🏛 Introduction to Government and Australian Public Law

The first paragraph introduces the concept of government from the perspective of Australian public law, emphasizing that it is a complex subject with varying definitions. It highlights the Australian Constitution as a foundational document that outlines the structure of government in Australia, including its status as a constitutional monarchy and a parliamentary democracy. The paragraph also touches on the different forms of government, such as republics, dictatorships, and theocracies, and invites viewers to consider examples of these. It introduces the three branches of Australian government: the Parliament, the executive, and the judiciary, and briefly explains their roles and interrelationships.

05:00

🌐 The Role and Functions of Government

The second paragraph delves into the purpose and functions of government, using the state of Victoria's coat of arms as a metaphor for the goals of peace, security, and prosperity. It discusses the challenges of balancing capitalism and liberalism, and the government's role in creating a market-friendly environment while also protecting citizens. The paragraph outlines the functional classification of government activities into four main areas: providing goods, services, and infrastructure; distributing and redistributing wealth; regulating behavior; and establishing the legal and institutional framework of society. It also introduces the three principal modes of governance: hierarchical governance, governance by markets, and governance through networks, and discusses the blurring lines between public and private sectors in delivering services.

10:01

📜 The Integral Role of Law in Governance

The final paragraph focuses on the role of law in governance, explaining its dual functional and expressive roles. It describes how law shapes behavior, facilitates certain behaviors, and adjudicates disputes, which are essential functions of government. The paragraph also discusses the expressive role of law in reflecting societal values and constitutional principles, such as the rule of law, equal protection, and limited government. It highlights the importance of the judiciary as a check and balance on government power and the mechanisms through which government institutions and officials are held accountable. The paragraph concludes by emphasizing the centrality of law to the functioning of government and its reflection of a society's values and priorities.

Keywords

💡Government

Government is a fundamental concept in the video, referring to the system or group of people governing an organized community, typically through the exercise of political power. It is central to the video's theme as it discusses the various forms and functions of government, particularly from the Australian public law perspective. The script mentions constitutional monarchy, parliamentary democracy, and federalism as forms of government in Australia.

💡Constitution

A constitution is the fundamental legal document of a country or state, outlining its system of government and the rights and duties of its citizens. In the context of the video, the Australian Constitution is highlighted as the starting point for discussions on Australian public law, establishing the country as a constitutional monarchy and a parliamentary democracy.

💡Parliamentary Democracy

Parliamentary democracy is a system of government where the executive branch derives its democratic legitimacy from, and is held accountable to, the legislature (parliament). The video script explains that Australia operates under such a system, with the executive being responsible and accountable to the Parliament for the laws enacted and policies implemented.

💡Federalism

Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. The script discusses federalism in Australia, emphasizing the existence of both a Commonwealth (federal) government and state governments, each with their own legislative powers.

💡Executive

The executive branch of government is responsible for implementing and enforcing laws. In the video, the executive is described as the arm of government that carries out or administers laws enacted by the Parliament and includes ministers from the governing party who make policy decisions.

💡Judiciary

The judiciary is the system of courts that interprets and applies the law in the administration of justice. The video script explains the role of the judiciary in Australia as adjudicating disputes about the validity and application of the law, serving to hold both the parliament and the executive accountable.

💡Representative Government

Representative government is a type of democracy where the people elect officials to represent their interests and make decisions on their behalf. The video script mentions that in Australia, the system of representative government involves elected officials governing on behalf of the people.

💡Responsible Government

Responsible government is a system where the executive is accountable to the legislature for its actions. The script defines it as a system where those who administer laws enacted by Parliament are responsible and accountable to the Parliament for their actions.

💡Goods and Services

Goods and services refer to the tangible and intangible products provided by the government to its citizens, such as schools, hospitals, and roads. The video script discusses the government's role in providing these essential public goods and services as part of its functions.

💡Regulation

Regulation refers to the rules and directives made and maintained by an authority to control behavior or conduct. The video script explains that one of the government's functions is to regulate behavior through laws that govern various aspects of society, from health and safety to marriage.

💡Accountability

Accountability is the obligation of an individual or organization to report on and be responsible for its activities. The video script emphasizes the importance of government accountability, particularly through the judiciary's role in reviewing government actions and decisions.

Highlights

Government means different things to different people, with definitions varying according to geography, political ideology, and academic and professional discipline.

The Australian Constitution establishes Australia as a constitutional monarchy, with legislative power vested in a federal parliament consisting of the Queen, a Senate, and a House of Representatives.

Australia operates under a system of representative and responsible government, where those who govern are elected by the people and are accountable to Parliament.

The Constitution establishes Australia as a federal system with a Commonwealth or federal government and state governments.

The Australian government has three arms: Parliament, executive, and judiciary, each with distinct roles and interrelationships.

Parliament, also known as the legislature, is made up of the Queen, represented by the governor-general, and the elected Senate and House of Representatives.

The executive is responsible for carrying out or administering laws enacted by Parliament and includes ministers from the governing party who make policy decisions.

The judiciary adjudicates disputes about the validity and application of the law, holding both Parliament and the executive accountable.

Government's purpose is to provide peace and security and a good standard of living and quality of life for the people they govern.

Australia is a capitalist and liberal society, balancing market efficiency and private wealth creation with social demands for justice, equity, and fairness.

Government functions can be classified into four main areas: providing goods, services, and infrastructure; distributing and redistributing wealth; regulating behavior; and constituting the legal and institutional framework necessary for society to function.

Hierarchical governance involves direct control by the government through provision of services and regulation of behavior.

Governance by markets involves the 'invisible hand' of the market, with government providing laws and regulations to ensure market functionality.

Governance through networks involves collaboration between government, non-government, and private entities to address common problems and pursue opportunities.

The law plays a functional role by shaping behavior, facilitating certain behaviors, and adjudicating disputes, and an expressive role by reflecting important constitutional, democratic, ethical, moral, and societal values.

Transcripts

what is government a simple question

without a simple answer government means

different things to different people

with definitions varying according to

geography political ideology what is

government a simple question without a

simple answer government means different

things to different people

with definitions varying according to

geography political ideology and

academic and professional discipline in

this video you will be introduced to the

concept of government understood from

the Australian public law perspective

the starting point for nearly every

discussion of Australian public law is

the Australian Constitution so what does

it say about government well quite a lot

for present purposes let's focus on four

aspects first the Constitution

establishes Australia as a

constitutional monarchy the opening

words of section 1 of our constitution

state the legislative power of the

Commonwealth shall be vested in a

federal parliament which shall consist

of the Queen a Senate and a House of

Representatives constitutional monarchy

is not the only form of government

however there are also Republic's

dictatorships and theocracies to name

but a few

can you think of countries that have one

of these other forms of government

second the Constitution establishes

Australia as a parliamentary democracy

we will study what this means in more

detail later in the unit for present

purposes it suffices to note that

Australia operates under a system of

representative and responsible

government representative government is

a democratic form of government in which

those with the power to govern are

elected by the people on whose behalf

they govern responsible government

describes a system in which those

persons who carry out or administer laws

enacted by Parliament are responsible

that is accountable to the Parliament

for the manner with which they do so

these persons are collectively referred

to as the executive we will come back to

the executive shortly third the

Constitution establishes Australia as a

federal system with a Commonwealth or

federal government and state governments

federalism too is discussed in more

detail later in the unit and

for the Constitution provides that the

Australian government has three arms

Parliament executive and judiciary each

of these arms is the focus of dedicated

attention in this unit for now a brief

introduction to each and their

interrelationship will suffice

first there is Parliament as noted

previously at the federal level

Parliament also referred to as the

legislature is made up of the Queen

represented by the governor-general and

the elected Senate and House of

Representatives Parliament makes an

immense legislation next there is the

executive the executive is the arm of

government responsible for carrying out

or administering laws enacted by the

Parliament the term also refers to

ministers from the governing party who

make policy decisions present that

policy department Parliament in the form

of proposed laws namely bills and are

responsible to Parliament for the

implementation of that policy and the

day-to-day administration of government

third is the judiciary the judiciary

adjudicates disputes about the validity

and application of the law doing so

serves a valuable role holding both the

parliament and executive accountable so

that tells us what government is now

let's turn our focus to what government

does government's govern both words

derived from the Latin word gubanov

meaning to pilot steer or direct

understood in this manner governance is

the manner method or system by which a

particular society is steered or

directed and government is a set of

institutions that sphere or direct or

coordinate the steering or direction of

that society however this definition

allows for great variation with respect

to what should be steered or directed

for what purpose and how so let's pull

it apart a bit let's start with

government's purpose its role this is

the coat of arms for the state of

Victoria the words in the shield are

peace and prosperity this sums up

government's purpose well to provide the

people on who on whose behalf they

govern with peace and security and a

good standard of living and quality of

life

but let's drill down a little deeper we

also live in a size in a society that is

both capitalist and liberal what does

this mean

capitalist denotes an economic system in

which ownership of production

distribution and wealth exchange is

primarily in the hands of private

individuals and organizations and which

embraces the principles of free markets

property rights consumer sovereignty and

the rule of law liberal denotes a

society that values individual autonomy

human rights Liberty and social equality

and recognizes government's role in

securing and protecting those rights

these values capitalism and liberalism

can sometimes come into conflict

governments for example confine

themselves simultaneously being asked to

create an environment in which markets

can flourish while protecting citizens

from the worst excesses of those markets

to balance market efficiency and private

wealth creation with a social demand for

justice equity and fairness not an easy

task so how do governments go about

seeking to achieve this balance a useful

way to think about what governments do

is through a functional classification

functionally government and governing is

about four things providing goods

services and infrastructure such as

schools hospitals and roads distributing

and redistributing wealth through taxes

and welfare payments regulating behavior

through rules that govern everything

from what we can eat drink and smoke to

whom we can marry and win and

constituting or establishing the legal

and institutional framework necessary

for a society to function such as

private property rights and courts for

adjudicating disputes so how do

government's perform these functions the

answer to this question often depends on

the task at hand

however there generally are three

principal modes of governance

first there is hierarchical governance

hierarchical governance has government

steering directly and from above

sometimes in a command and control

manner either through the direct

provision of infrastructure and services

or by controlling societal behavior and

conduct through rules and regulation

governance by markets on the other hand

see society steered by the invisible

hand of the market the emergence of the

Internet of Things is an example of this

this is not to say there is no role for

government however in modern societies

markets cannot function effectively

without some laws and regulations to

ensure that contracts are honored

consumers are protected and businesses

are constrained from engaging in

anti-competitive conduct and third is

governance through networks governance

through network sees government's

collaborating with non-government and

private entities to address common

problems and pursue common opportunities

workplace health and safety where

government employers and workers and

their unions cooperate to improve

improve workplace safety is an example

of this can you think of other issues

which governments do largely to

themselves issues which governments

leave to the market and issues which

governments manage in collaboration with

non-government and private entities the

neatness of this classification is

complicated however by the fact that a

society has become more complex

government increasingly are relying on

the private sector to deliver services

previously thought the exclusive domain

of government for example we now have

essential infrastructure such as roads

and utilities constructed and operated

by private companies private companies

also now run prisons and detention

centers and perform law enforcement

functions this has seen the line between

the public and private become blurred

the implications of this for government

accountability is important we will

touch on this a number of times

throughout the unit so having given you

an overview of government and what it

does the last thing I want to discuss

with you is where does the law fit in I

have alluded to the role of the law a

few times already

but let's look at its role more

specifically broadly speaking the law

operates in two ways one functional the

other expressive as illustrated on this

PowerPoint the functional role has three

dimensions first the law shapes behavior

by permitting or encouraging some

conduct and preventing or sanctioning

other conduct

examples include criminal and tort law

second the law facilitates certain

behaviors including both private

arrangements and government functions as

well as its own functioning and

administration contract law property

rights and administrative law are

examples of the second type and third

the law adjudicates disputes between

private entities between private

entities and governments and between

governments courts are traditional

examples of this mediation and

arbitration more recent examples the

manner with which the law performs these

functions gives expression to important

constitutional Democratic ethical moral

and shared societal values this is law's

expressive role how the law protects

fundamental rights that may be infringed

by government action is exerted is a

good example of this and something we'll

focus on later in this unit

some countries have bills or charters of

rights that place certain rights beyond

the reach of the legislature other

countries Australia included allow the

legislature to abrogate fundamental

rights provided is explicit in doing so

another good example is the ease or

difficulty with which citizens can

challenge government decision-making

subjecting government action to review

by courts guards against unfair and

arbitrary government action and gives

effect to important constitutional and

public law values and principles that we

will discuss in this unit these include

the rule of law equal protection and

treatment before the law

constitutionalism limited government and

accountable government through the

judiciary acting as a check and balance

on the government's exercise of power so

in summary the law is central to what

governments do the law provides the

vehicle through which governments

undertake their core functions or

provision redistribution and regulation

the law establishes institutions to

undertake government activities creates

and shapes of tools those government

institutions use furnishes the

infrastructure for enforcement and

dispute resolution and establishes

mechanisms through which government

institutions and officials are held

accountable for the decisions they make

and the activities they undertake and

the manner with which the law discharges

each function says a lot about a

society's values and priorities in

particular its respect for the rule of

law and for individual commercial and

communal rights I hope you have found

this topic interesting your lecturers

look forward to discussing the concepts

covered in this video with you in

lectures