Legal Foundations Flashcards
Social Cohesion
The ability of a community to live together in a peaceful, orderly and harmonious manner by recognising that all people have rights and responsibilities.
Laws
Legal rules that everyone in society must follow made by parliament, subordinate authorities or the courts.
Rules
Non-legal guidelines which apply to a specific group of people made by non legal institutions or bodies.
Customs
Socially acceptable habits that have become common practice made by society
Characteristics of an effective law
Known, enforceable, reflect society’s values, stable and clear and understood.
Fairness
Impartial and just treatment or behaviour without favouritism or discrimination.
Equality
The state of being equal, especially in status, rights or opportunities.
Access
The means or opportunity to access the legal system.
Three levels of government
- Commonwealth (Federal) Parliament
- 6 state and 2 territory parliaments
- Over 500 local councils
Parliament/ Legislative power
makes and amends the law
Executive/ Executive power
PM and ministers put the law into action
Judiciary/ Judicial power
Courts interpret and make judgements about the law
Governor general (King’s representative)
- Gives royal assent to laws made by houses of parliament
- Commissions the PM, appoints minister and assistant ministers and swears-in other statutory positions.
House of Representatives (Lower/green house)
- 151 members representing 151 electorates
- aim: ensure that electoral divisions within each state or territory approx. an equal number of electors (voters)
- role: introduce bills, reviews bills passed by upper house, hold government, represent majority interests
Senate (Upper/red house)
- 76 senators (12 for each state and 2 for each territory)
- aim: ensure that each state/territory has equal representation, regardless of population
- role: review bills introduced by lower house.
Exclusive powers
the constitution gives the commonwealth exclusive powers (written in constitution) in some areas e.g. defence, currency
Concurrent powers
shared between the Commonwealth and the states (written in constitution) e.g. taxation
Residual powers
Powers not addressed in the constitution: these rest within the states e.g. crime
Legislative Council (Upper house)
- 40 members
- designed to ensure that rural and metro areas are given equal representation (based on area not population)
Legislative Assembly (Lower house)
- 88 members
- electorates divided based on population
Functions of Parliament
- legislation (making laws)
- representation (acting on behalf of voters and citizens)
- scrutiny (examining the government)
- formation of government
Bill
A proposal for a new law that is introduced to parliament.
Reasons for court hierarchy (PASTA)
- Precedent
- Appeals
- Specialisation
- Time and money
- Administrative Convenience
Precedent
A legal principle that has been established by judges when ruling over a case.
Appeal
The process whereby decisions can be reviewed by a higher court, should a party not be satisfied with the outcome of a case.
Administrative connivence
ensured as administration can be dealt with more effectively when courts are ranked and hear cases of a similar nature
Jurisdiction
power of authority of a court to hear and determine specific cases
Original Jurisdiction
refers to the power of a court to hear a case in the first instance
Appellate jurisdiction
refers to the power of a court to hear a case for the second time on appeal.
LEGISLATION
1.Crimes Act 1958
2. Summary Offences Act 1966
3. Sentencing Act 1991
4. Children, Youth and Families Act 2005
5. Limitation of Actions Act 1958
6. Wrongs Act 1958
7. Defamation Act 2005
