statute law Flashcards

1
Q

statute law

A

parliament law

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2
Q

parliament

A
  • a body of elected representative which debates proposed legislation passes amends or rejects legislation and delegates legislative authority
  • all members in the house of reps and the senate
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3
Q

legislation

A

law

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4
Q

bicameral

A

two houses of parliament

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5
Q

which house initiates/reviews law

A

house of reps - initiates law

senate - reviews the law

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6
Q

government

A

formed by the political party or parties that have the majority of seats in the house of reps

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7
Q

opposition

A

formed by the political party or parties which have remaining seats in the house of reps

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8
Q

ministers

A

members of the government who are given responsibility for particular government departments

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9
Q

the cabinet

A

formed by some or all of the ministers. they draft most bills and apply them when passed

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10
Q

shadow ministry

A

member of the opposition who monitor/question policies and proceeding of the minister

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11
Q

house of representatives

A
  • one member elected from eah electorate
  • 150 seats
  • 76 seats = government
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12
Q

senate

A
  • 76 seats
  • 6 states = 12 senators = 72
  • 2 territorys = 2 seats = 4
  • territories under federal control
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13
Q

federal

A

Australia as a whole

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14
Q

governor-general

A

David hurley

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15
Q

prime minister

A

Scott Morrison

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16
Q

leader of opposition

A

Anthony Albanese

17
Q

deputy prime minister

A

Michael McCormack

18
Q

Westminster system

A

the basis of government in the Australian commonwealth, territories, and states

19
Q

laws a parliament make

A
  • statute laws
  • legislation
  • acts of parliament
20
Q

stature law and common law

A

stature law overrides common law

21
Q

legislative process

A
  • initiation
  • first reading ( reading )
  • second reading ( debate )
  • third reading ( vote )
  • upper house
  • assent
22
Q

initiation

A
  • member of parliament submits bill to cabinet if accepted it is read before parliament
23
Q

the first reading

A
  • bill is read with details
24
Q

the second reading

A

-debating of the bill

25
Q

the third reading

A

-the bill is read again and voted

26
Q

the legislative process in the upper house

A

-once the bill is passed through the lower house it repeats the same process in the upper house

27
Q

assent

A

-one bill is passed through both houses, it is sent to the governor-general to sign off on it

28
Q

delegated legislation

A

-law made by authorities who are given power by parliaments

state parliament delegates tasks to the area/local government

29
Q

benefit of delegated legislation

A
  • allows laws to be made with necessary time and expertise, while parliament retains ultimate responsibility
30
Q

enabling acts

A

the legislation that parliament delegates power through

31
Q

types of bodies given delegated authority

A

executive council - role is to pass regulations/details to laws already passed so the laws can operate

government departments - eg. nsw department of education

local government - empowered under the local governemnt act 1993

statutory authorities - created to carry out specific functions such as the RBA or the ABC

32
Q

advantages/ disadvantages of delegated legislation

A

advantages

  • the people making the legislation tend to be experts in the area
  • delegating some of the “less important” legislation frees up parlimentary time
  • more flexible

disadvantages

  • delegating law-making duties to non-elected bodies, may be considered undemocratic
  • insufficisent time and expertise among parliment to check the delegated legislation
  • little publicity, hard for public to voice views before something becomes a law
  • hard to ensure consistency between all governing bodies
33
Q

where is the federal government formed?

A

house of representatives

34
Q

if parliament wants to research subject matter of the bill further

A

send the bill to a committee