Chapter 1- Law In society Flashcards
Bill
A proposed law
Delegated legislation
Laws made by subordinate authorities
Enabling act
An act giving subordinate authorities the power to make laws
Exclusive powers
Law-making powers of the commonwealth parliament that can only be exercised by the commonwealth
Executive council
A body made up of the governor-general/governor and senior ministers. It’s task is to pass delegated legislation in areas where an enabling act has given power to the executive council to make regulations.
Law
A legal rule
Legislation
Acts of parliament
Statute
An act of parliament
Sue
Start civil proceedings against another person
Difference between a legal and non-legal rule?
Legal rules are made by law-making bodies and can be enforced through the courts whereas non-legal rules are made by private individuals and cannot be enforced through the courts.
What is the main aim of laws in Australia?
To keep society functioning and maintain a peaceful society.
~Protect individual rights
~Provide guidelines for acceptable behaviour
~Prevent Conflict
~Outline how disputes will be solved
What are the 5 characteristics of an effective law?
- Known to the public
- Acceptable to the community
- Stable
- Able to be enforced
- Changeable
What are the main aims of criminal law?
To apprehend, prosecute and punish people who have broken the law and to deter others from breaking the law.
What is the main aim of civil law?
To return the person whose rights have been infringed to their original position.
What is the commonwealth parliament responsible for?
To pass laws on issues of national interest and to hear proposed laws put forth by the commonwealth government.
Also in charge of specific portfolios such as:
Defence, currency, immigration, postal services, telecommunication.
What are the state and territory parliaments responsible for?
To pass laws for the governing of a state or territory and for everything not listed as a federal responsibility such as schools, crime, forestry etc
What are the local councils responsible for?
To address minor issues in different areas within a state or territory and passing by-laws relating to issues such as local roads, building regulations and rubbish collection.
Aka Shire or Municipal councils
What is the function of the legislative assembly?
To represent an electorate of approx 37,000 voters and to introduce, pass and review bills from the the upper house (legislative council).
What is the function of the legislative council?
To represent the 8 regions of Victoria and introduce, pass, reject and amend bills from the lower house (legislative assembly).
What is the legislative council?
The upper house in Victoria. It has 40 members that hold their position for 4 years and the head of the council is known as the President of the Senate.
What is the legislative assembly?
The lower house in Victoria that has 88 members who hold their position for 4 years. The head of the assembly is known as the speaker.
When would new laws be needed?
When problems arise
What is the difference between parliament and government?
Government decides a change in the law whereas parliament makes the laws.
What are the stages of a bill through parliament?
- Introduction and 1st reading
- 2nd reading
- Committee stage/consideration in detail.
- 3rd Reading
- Passes first house and must go through same process in second house.
- Bill passes second house.
- Royal assent
- Proclamation
- Becomes law
What is the main reason for delegating power?
Lack of time and expertise in specific fields.
How are law-making powers delegated to subordinate authorities?
The commonwealth and state/territory parliaments grant subordinate bodies authority through the enabling act
What is subordinate legislation?
Laws that are passed by subordinate bodies
What are the different types of subordinate authorities?
- Statutory Authorities
- Government Departments
- Executive Council
- Local Councils
What do Statutory Authorities do?
Fulfil a specific range of duties
What do Government departments do?
Administer general policies that are relevant to an area
What does the executive council do?
Make regulations on behalf of the statutory authorities and gov depts
What do local councils do?
Make laws for local areas to suit their needs
Bicameral
Two Houses of Parliament, an upper and a lower house.
At a federal level- The House of Representatives and the senate.
In Victoria- Legislative Council and the Legislative Assembly
Constitutional monarchy
A type of government that is based on a monarchy and has a king or queen as the head of state.
Constitution
A legal document that outlines the basic rules of government and the law-making powers of the elected parliament
What is the role of parliament?
To pass laws for the government of the country or the state.
What is the role of the government?
To decide what laws should be presented to parliament and represent the views of society
Burden of proof
The responsibility that falls on either the prosecution or the plaintiff to prove guilt of defendant
Standard of proof
~Beyond reasonable doubt for criminal proceedings
~Balance of probabilities for Civil proceedings
