sources of contemporary australian law: statute law

Question 1

Bicameral

Answer 1

Containing two chambers or houses of parliament, upper and lower

Question 2

Cabinet

Answer 2

Prime Minister and other ministers (education and environment)

Question 3

role & structure of parliament

Answer 3

● Parliament is a body of elected representatives
● It debates proposed legislations, passes or rejects it and also amends
legislation
● All state parliaments and the Federal Parliament are bicameral
● In federal parliament, the upper house is the Senate and the lower house is the HOR
● The winner of the winning parliament becomes PM and leader of government
● The Cabinet makes decisions on policy laws to be drafted for consideration by
parliament

Question 4

legislative process

Answer 4

● A proposed new law is called a Bill, usually introduced by ministers
● The proposed legislation undergoes discussion in parliament, and may be
re-drafted
● Before a Bill passes, it requires the approval of both houses and the Governor
General
● It then becomes an Act of Parliament

Question 5

delegated legislation

Answer 5

● Legislation made by non-parliamentary bodies
● is legislation made not directly by an Act of the Parliament, but under the
authority of an Act of the Parliament.

Question 5

types of delegated legislation: rules

Answer 5

Legislation made for government departments, usually by the department itself

Question 6

types of delegation: regulations

Answer 6

Laws made by the Governor General, state government or executive council

Question 7

the constitution

Answer 7

● A set of rules and principles that apply to a nation
● Can only be changed through a referendum when a majority of states vote for
change per section 128

Question 8

division of powers

Answer 8

• Legislative power is the ability to create law, everyone that is part of the legal system has legislative power, for example the local council.
• Exclusive power is given to the Government to make laws for the country, such as online piracy laws.
• Residual power is given to the state, which allows the state to make law, e.g NSW Pill Testing Bill 2019

Question 9

division of power: concurrent power

Answer 9

power existing between state and federal, allowing both parties to create laws together

Question 10

division of power: external power

Answer 10

given to the Commonwealth, to enact and implement laws when the case involves international concerns
○ Commonwealth v Tasmania 1983

Question 11

separation of powers

Answer 11

● Power is separated into the three arms of government
- the legislature creates law - Queen (represented by the Governor-
General), the Senate and the HOR
- the executive enforces law - Queen (represented by
- the Governor-General), Prime Minister and ministers
- the judiciary applies the law through precedent and punishment. - High
Court and other federal courts

Question 12

why is separation of powers important?

Answer 12

The power is separated between the three arms of government to prevent
anarchy and tyranny

Question 13

role of High Court

Answer 13

• has original and appellate jurisdiction –> binding precedent
  ● Role of the High Court to interpret and apply the constitution
  ● Deciding cases of special federal significance such as challenges to the
  constitutional validity of laws