the legal system (questions 1-6) Flashcards
describe the division of powers
the constitution defines the ability to make laws in Australia is divided between the commonwealth and state parliament. this is divided into 3 powers:
-exclusive power is only granted to the commonwealth parliament
- residual power is the state retained after federation
- concurrent power is shared power between commonwealth and govements.
outline the rule of law and how it applies to divisions of powers.
the rule of law is that no one is above the law, groups and individuals in the legal system are answerable to the same laws applied to citizens. this refers to the division of powers because it diffreiates between the federal and state Parliments as is it a rule of the constitution.
what is the history of common law, and how has it involved over time
Australia’s common law was inherited by the UK. Australia made changes and extended it made by decisions in court. common law is forever evolving and became of the foundation of what is fair.
how does Australia’s common law differ from others ,such as united states or uk
the uk has no written constitution and restricts judicial review
the usa contains bill of rights, instead of common law.
what are key principles of common law and how do the effect legal outcomes in Australia
the key principles of common law is innocence until proven guilty and the right to a fair and impartial trial.
this effects the legal outcomes in austrlia because it defines the basis terms of what is fair.
how has common law influenced property law and constitution law
the common law has developed a number of principles and rules that influence property law. an example is common law has created rules against perpetuities , which limits the time of property interests. and also common law has developed rules against unreasonable restraints on alienation
