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11 Cards in this Set
- Front
- Back
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Judicial Independence
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Neither parliament (the legislature) nor the government (executive) can influence or determine the outcome of any particular case before the court.
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How is a Judge removed from office?
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They have to removed by the Governor-General at the request of both Houses of Parliament.
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Where does the Australian legal system come from?
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Australia's legal system is based on the English system, which was brought to Australia when eastern Australia was colonised in 1788.
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What other countries have the same legal system as Australia?
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New Zealand, the United States of America, Canada and India.
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What are the 3 arms of government?
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The Legislature: consisting of democratically elected Member of Parliament, which makes statute law.
The Executive: implements legislation and administers the affairs of the government. Is made up of the Queen, House of Representatives, and the Senate. The Judiciary (or Judicature): which is responsible for making legally enforceable judgements about the legal rights and liabilities of people. This comprises judges and magistrates operating in the court system. |
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Advantages of Common law?
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- Deals directly with issues raised by the parties.
- More accessible to people who have legal problems. - Provides and immediate response to a legal problem. |
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Advantages of Statute law?
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- May be altered at any time.
- Not bound by precedent. - Made up by elected representatives of the Australian people. - Superior to common law (can over-turn a judicial decision) - General in nature and therefore applies to more Australians. |
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Disadvantages of common law?
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- Is bound by precedent.
- Subordinate to statute law. - Only deals with issues brought before it by parties. - Costly & time consuming. - Generally conservative in nature. |
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Disadvantages of Statute law?
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- Can be slow to attack the questions of law that have strong moral or ethical aspects.
- Is not bound by precedent (legislation can become unexpected and spontaneous) - Made up of a large body of people, therefore might be a compromise law, while not actually solving certain issues in society. - General in nature and therefore fails to fulfil the needs of individual citizens. |
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What are the 3 levels of government? Expand.
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Local (Councils): responsible for issues such as local roads, parks, rubbish collection, library services, street signage - local matters and issues.
State: Parliaments at this level make laws that are enforced within its own state of territory. Are responsible for things like schools, hospitals, roads, railways, electricity, water, mining and agriculture. Federal: Has the power to make laws for the whole country. this power is listed in the Constitution and covers issues like immigration, communications, taxation, defence, and foreign affairs - things that affect all Australians. |
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Which section of the Constitution are the powers of the Commonwealth established?
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Section 51; where it states
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