08 - 12 Legal Systems Flashcards

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1
Q

Different powers of Government (leg..)

A

Legislature - Parliament

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2
Q

Different powers of Government (exec..)

A

Executive - Government agencies, collector of taxes, Ministers, Ministries, Government departments, Prime Minister

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3
Q

Different powers of Government (judi..)

A

Judiciary - Courts

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4
Q

Rule of law

A
Laws apply to everyone
No one is immune from legal proceedings
Open courts  -  anyone may attend 
Anyone may commence proceedings
Laws created by established procedures
Judges are independent and unbiased
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5
Q

Separation of powers

A
  • Law making, law interpretation, administration
  • Legislature, judiciary, government departments
  • Cross over in Westminster system. Cabinet is tasked with running the government but is staffed from the legislature
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6
Q

Courts

A
  • Hierarchy, for appeals, for more serious or important cases, for setting and developing the law
  • Privy Council (London)
  • Supreme Court, Court of Appeal, High Court, District Court (Family Youth), Disputes TribunalSpecialist (Maori Land)
  • Administrative tribunals (100+)
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7
Q

Application

A
  • Parliament makes a law e.g Income Tax Act 2007 (Legislature). Government has right to collect tax, individuals have a duty to pay and there are remedies in Act if there is a dispute or someone does not pay.
  • The Inland Revenue Department collects the tax (Executive)
  • The Courts deal with disputes or enforcement (Courts)
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