statute law Flashcards
statute law
parliament law
parliament
- 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
legislation
law
bicameral
two houses of parliament
which house initiates/reviews law
house of reps - initiates law
senate - reviews the law
government
formed by the political party or parties that have the majority of seats in the house of reps
opposition
formed by the political party or parties which have remaining seats in the house of reps
ministers
members of the government who are given responsibility for particular government departments
the cabinet
formed by some or all of the ministers. they draft most bills and apply them when passed
shadow ministry
member of the opposition who monitor/question policies and proceeding of the minister
house of representatives
- one member elected from eah electorate
- 150 seats
- 76 seats = government
senate
- 76 seats
- 6 states = 12 senators = 72
- 2 territorys = 2 seats = 4
- territories under federal control
federal
Australia as a whole
governor-general
David hurley
prime minister
Scott Morrison
leader of opposition
Anthony Albanese
deputy prime minister
Michael McCormack
Westminster system
the basis of government in the Australian commonwealth, territories, and states
laws a parliament make
- statute laws
- legislation
- acts of parliament
stature law and common law
stature law overrides common law
legislative process
- initiation
- first reading ( reading )
- second reading ( debate )
- third reading ( vote )
- upper house
- assent
initiation
- member of parliament submits bill to cabinet if accepted it is read before parliament
the first reading
- bill is read with details
the second reading
-debating of the bill
the third reading
-the bill is read again and voted
the legislative process in the upper house
-once the bill is passed through the lower house it repeats the same process in the upper house
assent
-one bill is passed through both houses, it is sent to the governor-general to sign off on it
delegated legislation
-law made by authorities who are given power by parliaments
state parliament delegates tasks to the area/local government
benefit of delegated legislation
- allows laws to be made with necessary time and expertise, while parliament retains ultimate responsibility
enabling acts
the legislation that parliament delegates power through
types of bodies given delegated authority
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
advantages/ disadvantages of delegated legislation
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
where is the federal government formed?
house of representatives
if parliament wants to research subject matter of the bill further
send the bill to a committee
