1.2 Sources of Contemporary Law - Statute Law Flashcards
what is statute law?
laws made by parliament (state, territory, federal govt. all make laws) → ‘legislation’ or ‘acts of parliament’
what is a parliament?
a body of elected representatives; debates, passes, rejects, & amends legislation.
what type of parliament are all AUS state parliaments (not QLD/territories), and what does this mean?
bicameral → two houses
what are the two NSW Atate Parliament Houses?
upper house → legislative council; lower house → legislative assembly
what are the two Federal Parliament Houses, and what do they consist of?
upper house → senate (76 senators - 12 from each state, 2 from each territory - serve 6-year term); lower house → house of representatives (150 members from electorates)
how is how the Australian Government formed?
the political party w/ majority seats in lower house of federal govt. forms govt., with the leader of winning party becoming the prime minister (remaining seats form opposition)
what are ministers?
members of govt. w/ special department responsibilities (e.g. education), who form cabinet/’front bench’ and make decisions on policy/laws to be drafted
what is the executive council and what do they do?
governor or governor-general (England’s king/queen representative) and selected ministers, who puts legislation into operation (royal assent)
what is a bill?
a proposed new law or change to new one (amendment), introduced by ministers. to pass, it requires approval from both houses of parliament and the royal assent
what is the legislative process (that results in a bill being created)?
need for law → draft → 1st reading → 2nd reading → committee stage → 3rd reading → upper house → royal assent
what is delegated legislation?
made by bodies subordinate (less important) to parliament (govt. departments or local council), allowed by the ‘enabling act’. once developed, either house can disallow within 15 days, otherwise, it will become a law
what are regulations?
laws made by the governor-general, state governors, or members of executive council
what is ordinance?
(related to delegated legislation)
laws made for Aus territories
what are the advantages of delegated legislation?
usually made by experts in area, frees up parliament time, easier to amend (more flexible)
what are the disadvantages of delegated legislation?
potential inconsistencies, public can’t voice views, parliament may not have time to check the proposed bill before it becomes a law
