Chapter 9.3 Flashcards
Law-making by parliament and courts
Parliament (Main role)
The main role of parliament (also referred to as the legislature) is to make laws on behalf of the people. A proposal for a law introduced to the parliament is called a bill. The law that is made by parliament and has recieved royal assent is called a statue law. Any of the parliament can make laws for their own state and the commonwealth parliament can make laws for the entire country
legislature
a legal term used to describe the body having the primary power to make law (i.e parliament)
Bill
a proposed law that has been presented to parliament to become a law. A bill becomes an act of parliament once it has passed through all the formal stages of law making (including royal assent)
royal assent
the formal signing and approval of a bill by the governor general (at the commonwealth level) or the governor (at the state level) after which the bill becomes an act of parliament (also known as a statute)
judiciary
a legal term used to describe judges as a group (i.e judical officers who have the power to apply and interpret the law) as well as the courts as an institution (i.e one of the 3 branches of government)
statute law
law made by parliament: also known as acts of parliament or legislation (as opposed to common law)
Courts (Main role)
In contrast to the parliament, the main role of the courts (also referred to as the judiciary) is to apply existing law (i.e existing statute law and legal principles established by judges) to resolve dispute and hear cases. Judges in superior courts can make and change law when deciding cases that have been brought before the court, in this was the courts have a complementary role to the parliament in law making. law made by the courts or judges is called common law. The courts can also use the process called statutory interpretation and also have the power to declare and law made beyond or outside their law making power as invalid
Common law
law made by judges through decision made in cases. Also knows as case law or judge-made law (as opposed to statue law)
statutory interpretation
The process by which judges give meaning to the words or phrases in an act of parliament (statute) so it can be applied to resolve the case before them.
The need for law reform
Law reform is necessary to ensure that laws remain relevant and effective in addressing contemporary issues, adapting to social changes, protecting rights, and promoting justice. It helps eliminate outdated or unjust laws. our community views and values change over time so so must our laws
Law reform
The process of constantly updating and changing the law so it remains relevent and effective