Thema 1: Legal Systems in Australia Flashcards
Lecture 1 & 2
Three basic requirements of legal systems
- Having a body of laws
- A source with the power to create and alter laws
- An Institution or process with authority to administer and enforce laws
What system of law is Australia operating under?
Common Law (Case law)
Civil Law systems core principle is…
its core principles are codified into a refferable system which serves as the primary source of law.
Common laws systems core principle is…
that its laws are derived from judicial decisions of courts and similar tribunals.
Plural Legal Orders means a…
mixed legal system
Indigenous (Aus, USA, Sth Africa, OCE) Legal systems are based on…
concrete daily experiences or spiritual and philosophical traditions
The NSW Supreme Court was established in…
1823
What Act was passed down in 1828
“Australian Courts Act 1828”
The Commonwealth Constitution created a new nation in…
1901
The Australia Act 1986 did what?
Removed the last of the UK’s power over Australia
The three uses of Constitutions are:
- Provide for the creation of the State’s institutions
- Regulate the relationships between those institutions and one another
- Regulate the relationships between those institutions and the citizens they govern.
Federalism relates to…
the division of authority between central and regional goverments who share the same territory.
Separation of Powers is the differentiation of Governmental functions across which three branches?
- Executive
- Legislature
- Judiciary
Representative government refers to…
Liberal Democracy, members of parliament are chosen by the people.
The Rule of Law has three principles:
- The polity must be governed by general rules that are laid down in advance.
- The rules (and no other rules) must be applied and enforced.
- Disputes about the rules must be resolved effectively and fairly.
The Australian Government is a…
federal democratic constitutional monarchy.
Where a state law conflicts with a Commonwealth law…
the state law is invalid to the extent of the Commonwealth Law.
A Law being passed through the First House goes through five steps:
- Bill introduced in the House of Reps/Senate
- First Reading
- Second Reading Speech and Debate
- Consideration in Detail
- Third Reading
A Law being passed through the Second House (Senate/House of Reps) goes through:
a similar process to that of the First House
Once a Bill passes both Houses, what happens?
it goes the the Govenor General for assent and becomes Law.
How is the Constitution changed?
A Referendum is held IAW s.128,
The majority of Australian voters,
and the majority of voter in at least 4 states.
