Functions of Law and Basis of Government Flashcards
What is Law?
Law prescribes acceptable standards of conduct, and breaches of these laws will incur a legal consequence.
What are the sources of law?
Elected Politicians in Parliaments
The decisions of Judges in courts
(Note) Federal and State constitutions contain enabling acts that allow the creation of courts.
What are the classifications of law?
Public - relates to disputes between individuals and the state and may forbid certain conduct that is likely to disrupt social cohesion
Private - affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matter.
What are the main types of law?
Constitutional Law
Statutes (legislation or Acts of Parliament)
Delegated legislation – regulations (called subordinate legislation in South Australia)
Case Law
What is a constitutional monarchy?
A constitutional monarchy is a national system in which the head of state is a hereditary monarch who exercises power in accordance with law.
What is a republic?
A republic is a national system of governance in which the head of state attains his or her public office on merit, through election or appointment.
What is the rule of law?
The rule of law is a concept that all people are equal before the law and that government can only exercise power by order of the constitution.
What are the elements of the rule of law?
The Supremacy of the constitution.
Equality before the law.
Respect for fundamental human rights.
What is the Supremacy of the Constitution? (Rule Of Law)
All institutions of government can only exercise power consistent with the constitution.
What is Equality Before the Law? (Rule of Law)
This means all institutions of government must treat people equally before the law.
What is Respect For Fundamental Human Rights? (Rule of Law)
This means, for example, all institutions of government must exercise power in a manner that does not arbitrarily deprive people of their fundamental human rights.
What is the Division of Powers?
The Division of Powers is the constitutional allocation of legislative powers between the commonwealth and the states.
What is the Separation of Powers?
The separation of powers is a doctrine that divides the governance of a nation or state into distinct but related, arms or branches, each with its own institutions and roles. Power is separated into the Legislative Arm, Executive Arm, and Judicial Arm.
What is the Legislative Arm?
The Legislative Arm comprises an elected parliament which makes statute law, referred to as legislation and acts of parliament.
What is the Executive Arm?
The Executive Arm consists of the Government, a collection of ministers and departments, and an array of government agencies created by enabling acts. The executive’s primary role is to enforce and administer the statutes enacted by parliament.
What is the Judicial Arm?
The Judicial Arm is comprised of the courts and judicial tribunals exercising judicial powers to adjudicate legal disputes and bring about lawful conclusions.
