Types of Law, Commonwealth legislative processes

Question 1

Define Statute Law

Answer 1

Law made by parliaments. Made by elected members of parliament, statute law had democratic legitimacy and is superior to common law. Must pass in both houses and be given royal assent.

Question 2

Define Common Law

Answer 2

Judge made law. Made in courts by judges when there is need for new decisions or precedents. Common law is inferior to statute law.

Question 3

List the functions of parliment

Answer 3

• Law making
• Representitive role
• Debate role
• Responsibility role

Question 4

Where does Statute law draw authority from?

Answer 4

Democratic authority - the people elect the parliment, who passes laws

Constitutional authority - the constitution lays out the authority of the parliament, role of bicameralism, division of powers, monarch/GG ect.

Question 5

Define Bill

Answer 5

A proposed statute law

Question 6

Explain the passage of legislation

Answer 6

• Proposed legislation must pass both houses in identical form
• readings and debate can take months to occur
• legislation must have royal assent

Question 7

Why does parliament pass statutes?

Answer 7

• To implement politicise proposed by executive branch
• authorise spending in Executive branch
• Amend/appeal existing statute
• Consolidate/simplify/update old statute
• Respond to Court decisions (aborigating, codifying, defining judicial discretion)