Chapter 5 and 6: Law in society, law making in parliament Flashcards
Rule of law
The principle that all individuals are equal before the law. Laws must be based on consent, be consistent involve consistent procedures and apply to all actions of government and individuals.
Criminal law
This law covers those actions regarded as dangerous to the community and are prohibited by statutes which allow individuals to be prosecuted.
Civil law
Laws that regulate the conduct of individuals and classified as either contract law or tort law (actions that injure or harm other individuals)
Contract law
Disputes about breaches of contract
Torts
Actions that are considered ‘wrongs’ and injure others, such as negligence, trespass, defamation.
Functions of law
Promote and represent community values, provide a basis for community protection, regulate and control basic human activities, provide a structure to create, alter and enforce laws
Statute law
Laws that have passed through and been created in parliaments once they have passed all stages required.
Delegated legislation
Laws which empower government departments and statutory authorities eg Western Power, to create legally binding regulations.
Functions of parliament
Initiating, debating and approving changes to law; appointing and dismissing executive; approving expenditure by executive; providing a forum for debate.
Bill
A legislative proposal which is formally introduced into parliament and if passed, becomes law.
Legislative Assembly
The lower house of the WA parliament and is the house of government.
Hung parliament
A parliament in which no party or group of parties has a majority. The lack of a majority in the lower house results in a minority government. The government is dependent on the support of minor parties or independents to pass legislation eg the Gillard government of 2010-2013.
Select Committee
A short term committee set up by the parliament to carry out a specified investigation. They act under defined terms of reference and case to exist when they report back to parliament.
Standing committee
Long term parliamentary committees set up under Standing orders and exist for the life of a parliament. They are a major feature of Senate activity and examples include the Privileges Committee.
Royal assent
This occurs when the Governor or Governor General signs a bill on behalf of the Queen so it becomes an Act. It is subsequently proclaimed before it becomes law.
Second reading
This is a more detailed stage of passing a bill, where the responsible Minister describes the intent of the bill and it is debated.
Speaker
The presiding officer of the lower house of parliament who manages procedures in the house and applies Standing Orders. The can vote on all matter and are an elected MP.
President (Legislative Council/Senate)
The presiding officer of the upper house. The officer is a member of parliament who manages procedures in the house and applies Standing Orders. They can only vote in the event of a tied vote.
Proclamation
This is the official announcement of an Act of parliament, which tells when the new law will take effect.
Private Members’ Bills
These make up a tiny proportion of bills which come before parliament and can be considered a non executive bill. Any MP who is from the Opposition, an independent or a government backbencher can initiate a bill, which is usually highly contentious eg euthanasia.
Office of the Parliamentary Counsel
The writing of legislation is carried out by this office comprised of a group of legally trained public servants who create bills and then statutes under instruction from the government.
Public law
Constitutional law, Industrial relations law and Criminal law.
Common law
Law that is based on previous judgements of the courts. It provides a body of decisions for those areas of laws not covered by statutes and whose core principle is stare decisis (to stand by what has been decided)
First Reading
Where a clerk of the parliament announces the title of a bill to be presented to the parliament and members are provided a copy of the bill.
Standing Orders
The printed and formal rules which set out the procedures to be followed out in the parliament covering the conduct of business such as voting procedures and presided over by the Speaker (lower house) or the President (upper house)
Speaker (Legislative Assembly/House of Reps)
The presiding officer of the lower house of parliament who implements Standing Orders and is an elected MP who can vote on all matters.
Legislative Assembly
The lower house of the state parliament in most states including WA.
