CONTEMPORARY LIGHT SOURCES AND THEIR IMPACT ON THE DISCOLORATION AND
Sources of contemporary australian law 2
Transcript of Sources of contemporary australian law 2
Sources of Australian Contemporary Law
AKA ‘Legislation’ and ‘Acts of Parliament’ The Australian Constitution sets out the
powers of state and federal parliaments
Statute Law (Parliament)
All states except QLD are Bicameral, meaning two chambers or houses of parliament◦ Federal: House of Representatives and Senate◦ State: Legislative Assembly and Legislative
Council Governments are elected on holding
electorate seats not overall popularity
Structure of Parliament
When a Bill becomes a law 1. Formulation Stage 2. Drafting Bill Stage 3. First Reading 4. Second Reading 5. Committee Stage 6. Third Reading 7. Royal Assent Stage Enactment
What are the advantages and disadvantages of this processes?
Discussion Point:
Legislation made by non-parliamentary bodies – delegated to subordinates (local council)
Types:◦ Regulations – Governor-General, State Governor◦ Ordinances – Australian Territories◦ Rules – Government departments◦ By-laws – Local Councils
Delegated Legislation
The Constitution prior to the Constitution,
Australia consisted of six separate colonies under the British government
the Constitution commenced on 1 January 1901 to create the Commonwealth of Australia
it created the states, the Commonwealth and the federal parliament, and outlined the ‘division of powers’ between the Commonwealth and states
the Constitution defines how power is divided between the Commonwealth and states to make laws
section 51 of the Constitution lists powers the Commonwealth shares with the states
section 52 lists some exclusive Commonwealth powers
section 109 says that Commonwealth laws will override any state laws if they are inconsistent
matters not listed are considered ‘residual powers’ for the states
Division of Power
Legislative Powers – the legal power or capacity to make laws
Concurrent Powers – powers held by state and federal parliaments at the same time
Exclusive Powers – powers that can be exercised only by federal parliament
Residual Powers – those remaining matters on which the state can legislate that are not referred to in the Constitution
Definitions
Charles de Secondat Monteesquieu “Civil liberties are at risk if the key organs of the government are controlled by one person or group”
Separation of Powers
3 areas that are separated
• legislature – which includes the lawmakers (i.e. parliament)
• executive – includes the ministers and government departments who administer the law
• judiciary – includes the judges and courts who interpret and apply the law
In Australia, the legislature and executive are not clearly separated, but the Constitution ensures the judiciary is strictly separated from the non-judicial arms of government
the High Court of Australia is the highest court in Australia, higher than all other federal and state courts
originally, matters from state courts could still be appealed to the Privy Council in the UK, but this avenue was cut off with the Australia Act 1986 (Cth)
The Role of the High Court
the High Court also hears cases involving interpretation of the Constitution – these have been very influential in defining Australia
the High Court is the highest court in Australia
– its decisions are final and cannot be appealed
appeals can be made from state and territory
supreme courts and from federal courts
the High Court must grant leave to appeal
before it will review a case – it only grants this
in rare cases
Appeals to the High Court
judicial review involves review by a court of a decision made by a government official or department
a more efficient way to appeal a government decision is through the Administrative Appeals Tribunal, which can review the merits of a decision
Judicial Review