Legal Studies Sac 1

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Crown

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The monarch who is Australia's head of state. He/she is represented at federal level by the Governor-General, and at state level by the Governor.

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Electorate

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A geographical area represented by one or more members of parliament.

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Executive Council

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The Governor-General (or Governor at the state level) and relevant ministers who give legal form to government decisions.

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Government

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The political party with the majority of seats in the Lower House of Parliament forms government.

• Responsible for formulating policy, introducing government bills and administering laws

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Governor

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The representative of the Crown at state level

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Governor-General

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The representative of the Crown at federal level

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House of Representatives

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The lower house of the Australian Commonwealth Parliament

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Senate

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The upper house of the Australian Commonwealth Parliament

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Legislative Assembly

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The lower house of the Victorian Parliament

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Legislative Council

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The upper house of the Victorian parliament

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Money bill

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A bill that authorises the receipt or payment of funds by the government, such as taxation bills and the budget. Also known as appropriation or supply bills.

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Representative government

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Where the government is elected by the people to represent their views in parliament and act on their behalf.

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Responsible government

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Where the government acts fairly and responsibly and is accountable to the people and parliament for its actions. The government must have the confidence of the Lower House of parliament, or else it must resign.

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Royal Assent

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The signing of a bill by the Governor-General (fed level) or the Governor (state level), signifying the Crown's approval of a bill. This occurs after a bill has passed both houses of parliament and is the final step in making a bill into an Act of Parliament before it's proclaimed.

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Separation of Powers

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The separation of the judicial, legislative and executive functions to be exercised by different bodies, so that no one body has absolute control

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Cabinet

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The policy-making body of government that recommends changes to the law.

Federal Cabinet: Prime Minister and senior federal government ministers

State Cabinet: Premier and senior state government ministers

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Civil Disobedience/Defiance

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When an individual or group intentionally disobeys a law and risks prosecution in order to draw the attention of the public and law-makers to perceived injustices in the current law.

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Formal law-reform bodies

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Bodies established by parliament (either state or federal) with the express purpose of investigating and suggesting law reform

• Example: VLRC (victorian law reform commission)

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Formal pressures/processes

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Pressures for change in the law that come from within the parliamentary system and could result in a change in the law being investigated and then initiated in parliament. Such bodies exerting formal pressure for change include members of parliament, parliamentary committees, law-reform bodies, cabinet and government departments

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Informal pressures/processes

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Pressures for change in the law that come from individuals, groups and organisations that are not directly connected with the parliamentary law-making process, but could try to influence the parliament to change the law through increasing their awareness of prevalent issues and problems.

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Petition

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A collection of signatures that shows the signatories to be concerned by a stated issue or problem and states a specific request for action by parliament. This document is usually presented to parliament as evidence of the public's views on the related topic in an attempt to change a law.

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Parliamentary committee

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Committee that is formed by members of parliament in order to investigate a particular issue. This may take the form of a committee of members from only one house or a joint committee made up of members of both houses. It could be a standing committees that is in existence for the life of the parliament or a select committee set up to investigate a specific issue.

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Parliamentary counsel

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Public servants who work for parliament and possess legal training, which they use to draft bills for Cabinet and ministers.

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Second reading speech

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Part of the second reading stage of the passage of a bill through parliament, where the member introducing the bill gives a speech to parliament outlining the purpose and function of the bill

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Second reading debate

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Part of the second reading stage of the passage of a bill through parliament, where the opposition, government and other interested parties formally debate the overall purpose and function of a bill before the parliament

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Delegated legislation

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Also called subordination legislation. The laws made by subordinate authorities. These could be in the form of regulations, rules or local laws (for example, a city council)

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Sovereignty or supremacy of parliament

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Parliament is the supreme law-making body, whose power is overriding. Parliament is able to override or change any law made by itself, courts or subordinate authorities, providing that it is acting within its constitutional powers.

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Subordinate authorities

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Also known as delegated authorities. Specialist law-making bodies that are set up and given (delegated) specific law-making powers by parliament (either federal or state), which are able to make laws in their specified areas. There are four main types of subordinate authorities: local councils, statutory authorities, government departments and Executive Council