U1 AOS1 - Legal Foundations

Question 1

Rules definition

Answer 1

• These are regulations/codes/policies made by private individuals or groups in society
• Don’t originate from legal institutions
• This usually applies to small, specific groups, not the whole of society
• Enforcement methods vary

Question 2

Examples of rules and where they can arise from

Answer 2

Rules
- Uniform
- Late notices
- Sporting rules (basketball e.g. travel)
Arise from
- Households
- Schools
- Workplaces

Question 3

Laws definition

Answer 3

• These are legal rules
• Made by legal institutions
• Apply to society
• Enforceable by the courts and the police

Question 4

Examples of laws and where they can arise from

Answer 4

Laws
- Road laws
- Murder
- Illegal substances (e.g. alcohol or drugs)
Arise from
- Parliament (federal and state level)
- Courts (precedent or common law)

Question 5

Date of Federation

Answer 5

1st January, 1901

Question 6

What did Federation cause Australia to become?

Answer 6

A constitutional monarchy

Question 7

Significance of the Constitution

Answer 7

• Establishes parliament
  
  • Bicameral structure
  • Chosen by the people
  • MPs must represent the people
• Establishes lawmaking powers
  
  • Division of powers (exclusive, shared, residual)
  • Areas in which Federal vs. State parliaments can legislate
• Establishes the judicial role of the High Court
  
  • Only this court can interpret the Constitution
  • Can determine whether parliament has acted outside their jurisdiction (“ultra vires”)
  • Final court of appeal
• Establishes how the Constitution can be changed
  
  • Can only be done through a referendum
  • double majority required (over 50% of popular vote and at least 4/6 states)

Question 8

Parliament definition

Answer 8

A parliament is a formal assembly made up of representatives elected by the people to make laws (except the Governor General who is appointed)

Question 9

Difference between parliament and government

Answer 9

Parliament is comprised of all the elected MPs and the Governor General
WHEREAS

The government comprises the political party that has secured/won the majority of seats in the House of Representatives during an election. They usually lead the country for three years afterward