Laws and Parliaments as Lawmakers Definitons

Question 1

Functions of law

Answer 1

• promote and represent the values of a community.
• Provide structure for the creation, enforcement and alteration of the law in accordance with wishes of society.
• Regulate and control the basic activities of humans within a society.
• Provided today clear statement of behaviours that are considered acceptable within a community.
• Provide a basis for the protection of people against behaviour that removes this social and economic freedoms.
• Provide a formal means of resolving disputes and conflicts between individuals, groups and institutions with in society.
• Encourage a culture of respect and observance of the law in order to prevent social anarchy.

Question 2

Characteristics of an effective law

Answer 2

• Respected and acknowledged by the community to be a binding statement of social behaviour.
• It applies universally without any arbitrary discrimination against all in favour of particular groups or individuals.
• It has a degree of flexibility in its application to cover the very situations that may arise in its enforcement.
• Compliments other laws on related issues.
• It is clear and its wording so that its obligations are easily understood.
• Can be in forced in a straightforward matter.
• Provides for appropriate sanctions for people who break the law.

Question 3

Rule of law

Answer 3

Concept that an action is allowed or not allowed based on the law not on the demand of a government, organisation or powerful individual.

Question 4

Elements of rule of law

Answer 4

1 applies to all citizens equally regardless of social/wealth status.
2 everyone is equal under the law.
3 Complete independent judiciary.
4 Law must be clear unknown and must not be retrospective.

Question 5

How is rol upheld in Aus

Answer 5

Craig Thompson case.

• Stealing money that was not his.
• Member of Australian parliament.
• Charged, taken to court, fair trial.

Question 6

Rule by law

Answer 6

Use of the law to communicate and in force the will of a powerful person of society on the remainder of the common people limiting freedom of speech, laws determining where you live and the religion you follow as well as in forcing you to stay in the country.

Question 7

Statute law

Answer 7

Legislation that has been passed through parliament.

Question 8

Three sources of legislative ideas

Answer 8

• Elections and competing policy ideas.
• The media, pressure groups and individuals.
• Direct action by citizens.

Question 9

What are five important principles about the role of Parliament as a lawmaking institution

Answer 9

• Parliament is one of the two lawmaking institutions of our society, others are courts.
• Law made by Parliament is known as statutes, laws made through the decisions of the courts are known as common law.
• In a democratic society based on the Rol the parliament has supreme lawmaking authority. Law made by the parliament overrides a law made by the courts.
• Once in acted by a parliament, a statue remains a law affecting society until it is cancelled by the parliament this is known as repealing of a statute.
• The Western Australian parliament, like other state parliament and the Commonwealth parliament, can only make laws on those matters which it has a constitutional authority.

Question 10

Explain the process by which parliament makes laws

Answer 10

A bill is created.

• First reading; a bill is introduced to the house of reps.
• Second reading; members debate and vote on the main idea of the bill.
• House committee; public inquiry into the bill and reporting back to the house.
• Third reading; members vote on the bill in its final form.
• The bill is passed from the house of reps to the Senate.
• Considerations in detail; members discussed the bill in details including any changes.
• Same process in the Senate. Finally passed to the governor general.
• Royal assent; governor general signs the bell.
• Bill becomes an act of parliament.