Sources of Contemporary Australian Law Flashcards
Outline the origins of common law:
Developed in ____ by William the ____, King of England, in the 11th century before the parliamentary ____.
- England
- Conqueror
- System
Outline the origins of common law:
To settle disputes, everyone needed to go the ___ but there were too many disputes to settle so they made local ____ to decipher local disputes which applied local _____.
(These customs became rules courts based decision making of of for similar disputes)
- king
- courts
- customs
Order the hierarchy form lowest to highest
High court
Supreme court
District court
Local court
What is the jurisdiction of state courts? (local, district, supreme)
Have authority to judicial power over a State or Territory
What is the jurisdiction of federal courts? (high, federal, family, federal circuit)
Authority to judicial power of the commonwealth
The role of parliament is to make and change federal ___, represent the people of ______, give a place for the ________ to be formed, and keep ___ on the governments work.
- Laws
- Australia
- Government
- Check
Outline the structure of parliament
- the House of Representatives
- the Senate
- the Governor-General
The House of Representatives is also known as…
the Lower House
Outline the legislative process of the Lower House:
- 1st ____
- 2nd ____
- ____ committee
- Consideration in ____
- 3rd ____
- ___ passed
- 1st Reading
- 2nd Reading
- House Committee
- Consideration in detail
- 3rd Reading
- Bill passed
Outline the legislative process of the Senate:
- 1st ___
- 2nd ___
- ____ committee
- Committee of the ___
- 3rd ___
- ___ passed
- 1st Reading
- 2nd Reading
- Senate committee
- Committee of the whole
- 3rd Reading
- Bill Passed
Outline the legislative process of the Governor-General:
- Royal ____
- Bill becomes an ___ __ _____
- Royal Assent
- Bill becomes an act of parliament
What is the function of delegated legislation?
To limit the power the Commonwealth and State has over law making authority
For administrative efficiency
List the areas that states are able to legislate (think of the division of powers)
Schools
Hospitals
Roads + Railways
Public Transport
Electricity + water + gas supply facilities
Mining
Agriculture
Forests
Community Services
Consumer Affairs
Police
Prisons
Ambulance Services
List the areas the Commonwealth can legislate according to section 51 of the Constitution
Trade + Commerce
Postal + Telecommunications services
Foreign Policy
Taxation
Census + Statistics
Weights + Measures
Bankruptcy + Insolvency
Quarantine
Lighthouses + Lightships + Beacons + Buoys
Fisheries
Currency
Copyright
Marriage
Immigration
Defence
Define the Division of Powers
The dividing up of law making authority between the 3 levels of government including the Commonwealth, States and Territories, and Local
Where does the Commonwealth get it’s law making authority from?
The constitution
Where does the State get it’s law making authority from?
Residual powers
- what’s not mentioned in the constitution
Where does Local (councils or shires) get it’s law making authority from?
Delegated legislation
- delegated by the state
- administrative efficiency
Define the Separation of Powers?
The separating of the 3 functions of government that being:
- executive
- judiciary
- legislative
What are the key purposes of the doctrines? (division + separation of powers)
To prevent the accumulation of power by a group or individual with the intent of preventing tyranny
The High Court’s role in the interpretation of the constitution is…
to interpret and settle disputes on the constitution, consider federal laws and if the Aus. parliament has the power to make that law, and invalidate law that is unconstitutional
Aboriginal and Torres Strait Islander People’s Customary Law:
Family and kinship is the relationship between individuals and their extended ___ or ___, and the bons of ____ that tie the group together
- family
- clan
- loyalty
Aboriginal and Torres Strait Islander People’s Customary Law:
Mediation is when all parties in a ___ discus the matter to try ___ the problem
- dispute
- resolve
Aboriginal and Torres Strait Islander People’s Customary Law:
Types of sanctions include:
- Social ridicule and ___
- Revenge
- Death
- Fighting and ___
- Inquest
- Trial by ___
- isolation
- insulting
- ordeal
Aboriginal and Torres Strait Islander People’s Customary Law:
Describe the diverse nature of customary laws
A complex legal system developed over thousands of years based on traditions linked to kinship. Each clan had own variations of ATSI customary law.
Aboriginal and Torres Strait Islander People’s Customary Law:
Land is ___ and is collectively owned. People saw their role as ___ of the land for future ___ of the group
- sacred
- custodians
- members
Aboriginal and Torres Strait Islander People’s Customary Law:
Kinship is a reference to family _____ and extended family __. Traditional ways of ___ have been characterised by extended ___ networks living in close _____.
- relationships
- ties
- living
- family
- communities
Domestic laws are within a ___ or ____
Enforced by ____
created by ______ or in courts
- state
- territory
- agencies
- parliaments
International law is amongst _____ states or territories
Applies to countries which ___ to adopt it
Countries can ___ themselves from enforcement
Created though international _______
- multiple
- agree
- exempt
- negotiations
State sovereignty is the states ___ to ___ itself without ____ interference from another ___
- power
- govern
- external
- nation
Define international customary law
A document based on long-established traditions or common practices followed by enough nation states that it is considered fair and right by international standards
Example of international customary law
The Rules of war prior to its formalisation in the Geneve Convention had long-held traditions of the treatment of POWs which was part of customary law
Define instruments (declarations):
Declaration: formal statement of a party’s _____ on a particular ___
Declaration:
1. position
2. issue
Define instruments (declarations):
Treaty: an international ______ between ___
Treaty:
1. agreement
2. states
Define legal decisions
Decisions and disputes involving international law dealt with by the International Court of Justice (ICJ)
What is the role of the United Nation?
to maintain global peace and security
What is the role of courts and tribunals?
to resolve disputes
What is the role of intergovernmental organisations (IGO)
to enhance political communication and cooperation
What is the role of non-government organisations (NGO’s)
to promote political change and to reach a political social goal
