Law makers, Law enforcers, adjudicators and corrections. Flashcards
Identify the role of policing in the Australian legal system
The role of a law enforcer is to enforce the law, and though this seems self-explanatory, the importance is that we can only enforce laws that exist. That is, existing statute law and common law as interpreted by the courts. However, the primary role of the police in NSW is the protection of life and property, or peacekeeping. Law enforcement represents only a portion of the work carried out by the NSW Police who are not the only body interested in law enforcement in NSW.
Identify the role parliament.
They usually create what is called ‘ACTS’. Acts of Parliament often give the Governor, on the advice of the Executive Council (Cabinet), the right to make rules, regulations, by-laws and ordinances under a particular Act. These are called Statutory Rules and Instruments and must be consistent with the terms of the Act but they are not in the Act itself.
Identify the role of the court system.
Applies the law to individual cases and may settle disputes on contentious issues relative to law.
Identify the role of corrections
the role of the corrections arm of the criminal justice system is to carry out the sanctions (punishments) ordered by the judiciary.
Define original authority
Means a constable is appointed at common law. At Common Law, constables are granted an original authority which allows them to use their discretion. They are, however, held accountable for the use of these discretionary powers.
Explain the term ‘separation of power’
It is the dividing or separation of powers providing a more democratic approach to law. e.g
- Legislature (make laws)
- Executive (implement/enforce law)
- Judiciary (apply law)
