The Australian Legal System

Question 1

What is the name of laws made by Parliment?

Answer 1

Legislation, statutes or Acts of Parliment.

Question 2

What is the name given to laws made by Judges?

Answer 2

Case law or Common law

Question 3

What are 6 key characteristics of the Australian Legal System?

Answer 3

1. A liberal Democracy
2. A Common Law legal system
3. Constitutional Monarchy
4. Federation
5. Separations of powers
6. Responsible Governement

Question 4

What is Democracy in Australia?

Answer 4

Democracy is a form of Government in which citizens have a say in the decisions that affect their lives, including participation in the proposal, development, and passing of legislation.

Question 5

Who is disqualified from voting in Australia?

Answer 5

1. Persons in prison serving a sentence of three years or more
2. Persons of unsound mind
3. Persons convicted of treason or treachery

Question 6

What is Australian Representative Democracy?

Answer 6

Australia has a system of representative democracy where the members of the various Federal and State parliaments are elected by the citizens of various electorates, and who represent those citizens when engaging in the process of government.

Question 7

What is a common law legal system in Australia?

Answer 7

The common law legal system is named as such because the emphasis is placed within the system upon ‘common law’. Common law or case law is made by judges and is recognised in Australia as one of the two sources of law, the other being legislation.

Question 8

What makes Australia a Constitutional Monarchy?

Answer 8

The head of state of the Commonwealth of Australia and of the various States is the king or queen of England.

Question 9

What is a Monarchy?

Answer 9

A monarchy is a country where the head of state is a king or queen. A country can be a constitutional monarchy or an absolute monarchy.

Question 10

What is a presidential system?

Answer 10

A presidential system occurs when the head of state is a president rather than a monarch. There are two types of presidential systems: full presidential systems and semi-presidential systems.

Question 11

What is a Parliamentary Republic?

Answer 11

A parliamentary republic is when the head of state is a president who exercises little or no executive power and is primarily a figurehead.

Question 12

What is a theocracy?

Answer 12

In a theocracy, the head of state is determined by the rules of the state religion.

Question 13

What is a one-party state?

Answer 13

A one-party state is when political power is exercised by a single political party.

Question 14

What is a federation?

Answer 14

Federation means that in addition to the national government, there are also various state governments.

Question 15

What are the three branches of government otherwise known as the doctrine of separations of powers?

Answer 15

1. Legislature (Makes law)
2. Executive (Administers law)
3. Judiciary (Interprets law)

Question 16

What is the doctrine of separation of powers?

Answer 16

The doctrine of separation of powers is the notion that the legislature, the executive, and the judicial powers are divided between several distinct and independent bodies. This means:

1. The same person should not form part or more than one of the three branches of government.
2. One branch of government should not control or interfere with the functioning of another branch of government
3. One branch of government should not exercise a function of another branch of government

Question 17

What is the division of power in Australia?

Answer 17

Division of power refers to the division of lawmaking power between the Federal government and the various State governments.

Question 18

What legal system was in place in Australia prior to British settlement?

Answer 18

The indigenous Australian Legal System or Customary Law

Question 19

What does Terra Nullius mean?

Answer 19

Terra nullius means ‘empty land’ or ‘land that belongs to no-one’

Question 20

What is the doctrine of reception?

Answer 20

The doctrine of reception is when settlers occupy an uninhabited land, the laws of the nation of the home country become laws in the new territory.