How Laws Are Made In Australia Flashcards
1
Q
three powers of government
A
- legislative power: make laws
- executive power: carry out/enforce laws
- the judicial power: interperate/ judge laws whether they apply to certain cases
2
Q
2 ways to make laws in aus
A
- statute law: laws that are written down beforehand
- common law: laws that are developed by judges as they come across problems
3
Q
Statute law
A
- created by parliment have the higjest status
- federal level: laws that affect the whole country
- state level: laws that affect each individual state and territory
- once the law has passes must be obayed by all courts and judges
- can make laws on whatever they like
- statue over common law
- no court can change their laws
4
Q
common law
A
- judges can make laws that apply to the certain cases if there isnt a similar one already
- know as legal precedents
- used to acheive fairness and justice
- based on the ruling of judges
- only superior courts are able to set precedents
5
Q
what is the rulebook for each parliment called
A
the consitution
6
Q
what is the federal constitution limited to
A
the whole country
7
Q
what is the state constitution limited to
A
just the state or territory
