Legal Flashcards
What is a Law?
Set of rules, binding on society and enforceable by the state.
What is a Rule?
Regulation followed by a group of people, not enforceable
What is the Rule of Law?
That no one is above the law
What is a Custom?
Tradition that have developed in society over time
What is a Value?
Things we consider important
E.g church, family, health
What is a Ethic?
Standards directing behaviours
E.g right vs wrong
What is Anarchy?
Absence of government
What is Tyranny?
Oppressive government, one person holds all the power
What is the Nature of Justice?
Equality, Fairness, Access
What is a person’s access to the legal system dependant on?
- Knowledge - of the law and their ability to find information
- Wealth- afford good legal representation
- Time - how long for issues to be dealt with
What is Procedural Fairness?
The right to know the case against you and present your case, the right to freedom from bias by decision-makers
What are the Two main concepts of Natural Justice?
- The Right to be Heard
- The Right to have a decision made by an unbiased decision maker
What are the characteristics of Just Law?
It is equal, Utilitarian, The Law is known
What is Statue Law, and what else is it known as?
Made by Parliament. It is also known as legislation or “Acts of Parliament”
What is Parliament and what is their role?
A body of elected representatives. It debates proposed legislation, passes or rejects it and amends it. Citizens elect Parliament
What does Bicameral mean?
Two Houses - Upper and Lower House
What is the Lower House called in NSW Parliament?
Legislative Assembly
What is the Upper House in NSW Parliament called?
Legislative Council
What is the Lower House in Federal Parliament called?
House of Representatives
What is the Upper House in Federal Parliament called?
Senate
How is the Government formed?
- Whoever has the most seats in lower house, becomes the leading party
- Leader of winning party is known as Prime Minister
- Party with remaining seats form opposition
Who are Ministers?
- Members who have a special responsibility for particular departments
- Portfolio is offered by the Prime Minister, forming the Cabinet or ‘front bench’
- Make decisions on policy and laws to be drafted for consideration by parliament
What bench do non-ministerial members sit on?
Back bench
What is the Executive Council?
- Governor General
- Represent the King/Queen
- The King must assent to laws
What is a Bill?
A drafted law that has not yet been passed by parliament
- Usually introduced by ministers
What is the Process for Billing?
- Need for new law is identified
- Draft Bill
- First Reading
- Second reading (debate)
- Committee Stage (debate)
- Third Reading (vote)
- Other house
- Royal Assent
What colour is the Lower House?
Green
What colour is the Upper House?
Red
How many people sit in Lower House and who?
151 members, representing 151 electorates, Governor General representing the King
How many people sit in the Upper House?
12 Senators per State, 2 senators each territory
- 76 senators in total
Head of State - Governor General
What is Delegated legislation?
Laws made by authorities other than Parliament, which are delegated the power to do this by an Act of Parliament called the Enabling Act
What laws do Delegated legislation make?
Less important laws that Parliament does not have time to draft, consider and pass
What is a Regulation?
Laws made by the Governor - General, state governors or members of the Executive Council
What is a Ordinance?
Laws made by Australian territories, outside of our border
What are rules made by Delegated Legislation?
Legislation made for Government departments, usually by the department involved
What are By-laws?
Laws made by local councils. which are restricted to the area governed by that council
Advantages of Delegated legislation -
- Resource efficiency - frees up time
- People making the legislation are usually experts in that field
- Delegation of minor legislation frees up parliamentary time for very serious issues
- Easier to amend delegated legislation
Disadvantages of Delegated Legislation -
- Elected members of Parliament do not have time to fully check the legislation
- Inconsistencies due to different bodies involved in making decisions
- Little publicity surrounds delegated legislation, the public are unfamiliar with the law
