Week 5 Lecture

Question 1

What was historically the major source of the law?

Answer 1

Common law the major source of law
Replaced by statute in the 20th century

What are the consequences?

Question 2

What replaced common law as the major source of law during the 20th century?

Answer 2

Statue.

Question 3

What is the increase in statue casused by?

Answer 3

Increase is largely post-war
Increasing number of Acts
Increasing complexity of Acts
Increasing role of Federal law

Question 4

Is common law case specific?

Answer 4

Yes

Question 5

Is legislation case specific?

Answer 5

No

Question 6

Is common law retrospective or prospctive?

Answer 6

Retrospective

Question 7

Does the prescedevalue of common law transcends national boundaries?

Answer 7

yes

Question 8

Do principles in common law have variable expression yes?

Answer 8

Yes

Question 9

Does common law evolve over time?

Answer 9

Yes

Question 10

What kind of application does legislation have?

Answer 10

General application

Question 11

Is legislation prospective or retrospective?

Answer 11

Prospective; but also retrospective

Question 12

Are words in legislation fixed?

Answer 12

Yes

Question 13

What does legislation rely on to ammend?

Answer 13

Parliament.

Question 14

What trumps case law?

Answer 14

Legislation.

Question 15

Who interpets the law?

Answer 15

The courts.

Question 16

Can courts declare legislation invalid?

Answer 16

Yes

Question 17

What trumps legislation?

Answer 17

An ACT of parliament unless the Act itself empowers “upward” alteration of the Act

Question 18

What is the Henry 8 Clause?

Answer 18

UNLESS the Act itself empowers “upward” alteration of the Act

Question 19

What three categories is soverign power divided into?

Answer 19

Executive
Legislature
Judiciary

Question 20

What would occur without seperation of soverign power?

Answer 20

Citizens subject to arbitrary exercises of power

Question 21

Who is the law maker?

Answer 21

The law-maker is judge and executioner

Question 22

What does the commencement of statues vary between?

Answer 22

Jurisdictions

Question 23

Can acts come into operation immeaditely on assent?

Answer 23

yes but not always.

Question 24

When can acts commence?

Answer 24

Acts may specify a particular date of commencement
Acts can commence on a date specified later and “proclaimed” by the Governor-General
Acts can also come into effect on the 28th day after receiving Assent

Question 25

Are some acts never brought into force?

Answer 25

Yes.

Question 26

What do revival provisions concern?

Answer 26

REVIVAL provisions concern the restoration of legislation, or provisions of them, that have ceased to operate

Question 27

Can parliament revive dead law?

Answer 27

Yes

Question 28

What are sunset clauses?

Answer 28

SUNSET clauses simply declare that an Act or provisions of it cease to operate after a certain date
Eg: Australian Security Intelligence Organisation Act 1979 (Cth), s34ZZ

Question 29

What is the general rule that legislation is presumed to operate prospectively?

Answer 29

General rule is that legislation is presumed to operate prospectively from the date of commencement
BUT parliament has undoubted power to declare operation retrospectively