Judiciary Key Features Flashcards

CC10

1
Q

Roles of HCA

A

Interpreting the Constitution
- Sec. 71 of the Constitution- interrupt the meaning of the constitution ( the only court in Aus that can do so)
Case study- R v Brisian & Jone v C’wealth- whether the C’wealth had the power to make laws regarding postal and phone services.- the HCA keeps the constitution relevant by reinterrupting constitution

Other Roles:
-Keeping Constitution Relevant
-Protecting rights
-Resolving Disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Rule of Law

A

that the people including the gov. should be ruled by the law and obey it and the people are willing to follow it
- essential for a liberal democracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Rule of Law- Features

A
  • law must be certian- no one has teh power to create laws- enacted ahead of time, should be public
  • laws must be general- apply to everyone in the same way with exceptions of police, non-citizens, young children
  • laws must be applied equally- seperation with people who make the law and who applies it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly