law making-role Flashcards
WHY DO WE NEED LAWS
It is way to influence large groups
WHAT ARE RULES
the principle or regulation governing conduct, action, and procedure etc. and are a vital basis of a functioning society.
WHAT ARE LAWS
the formal rules consciously determined by society and are enforceable by the courts.
WHAT IS JURISDICTION
where the law speaks/has official power – there are two types of jurisdictions: geographical and legal.
WHAT ARE THE TWO TYPES OF JURISDICTION
GEOGRPAHICAL AND LEGAL
WHAT IS GEOGRAPHICAL JURIDISCTION
Refers to the land and sea areas over which laws apply
Australia is a federal system which means the division of powers defines the geographical jurisdiction of law making i.e. exclusive, concurrent & residual powers.
WHAT IS LEGAL JURISDICTION
the area of law that is covered i.e. family law, trade law, criminal laws. A court hierarchy is used to delegate cases between the courts to the right legal jurisdiction e.g. murder is tried in the Supreme Court.
CHARACTERISITCS OF LAW
- Applicable to the population
- Applicable to a geographical jurisdiction
- Applicable all the time
- Backed by sanctions that are decided by the legislative branch, enforced by the executive branch and adjudicated by the judicial branch.
4 TYPES OF LAW
- Statute law made by parliament.
- Common law made by courts.
- Delegated legislation (also called legislation, ordinances and instruments), made by subordinate authorities.
- Constitutional law.
WHAT IS CONSTITUTIONAL LAW
Fundamental/superior law. The Commonwealth Constitution establishes and limits the law-making power of the federal branches of government.
what does constitutional law do?
Establishes the geographical and legal jurisdiction of power (unitary or federal)
Creates the three arms of government
Specifies the processes of government (such as how government is formed)
Protects fundamental rights
Codifies procedures for constitutional change (referendum).
where does constitutional law draw authority from?
draws its authority from three sources of authority and these are stated in its preamble as an introductory statement to a document. The Commonwealth Constitution draws its authority from:
* The People
* Almighty God
* The Crown
name of Australian constitution
Commonwealth of Australia Constitution Act
WHAT ARE BILLS
Bills are proposed laws and can be introduced by any member of parliament.
PROCESS OF BILLS
Bills can be introduced into either the upper or lower house, but most are introduced in the lower house
If a second house makes amendments, the bill must be passed again in the first house to approve the amendments
If the two houses cannot agree on a bill, it is said to have been ‘blocked’. According to Section 57 of the Constitution, the Prime Minister can advise the GG to dissolve both houses of parliament (called a double dissolution) if the two houses cannot agree on a bill.
