Glossary - L Flashcards
Law Reform Commission
A body set up by parliament to inquire into aspects of the law that may require revision. Law Reform Commissions seek input from legal practitioners and from the community in general as a basis of advice to parliament.
Law Reports
An official collection of the judgements of courts in common law cases. Law Reports provide the basis for the use of precedents in court judgements.
Legal Aid
Financial assistance to access legal services for individuals who otherwise could not afford it. In Australia there is publicly funded legal aid provision but private charitable groups also provide legal aid. (See pro bono services)
Legal system (also Justice System)
The hierarchy of courts and the established processes of law that provide for the resolution of disputes and the interpretation of statutes.
Legislation
This term can describe the activity of Parliament in debating bills and establishing statutes or be used as an equivalent term for an act of parliament.
Legislative Assembly
The lower house in state parliament. In Australia it is the ‘house of government’. This term is used in WA, VIC, NSW and QLD (where it is the sole house of Parliament). SA and TAS call the lower house the House of Assembly.
Law
Rules of conduct enforceable by the courts.
Legislative Council
The upper house of a state parliament. In Australia it is the ‘house of review’. Queensland does not have Legislative Council.
Legislative function
The activity of parliament in debating, scrutinising and enacting statutes. The legislative function is a key role of elected parliaments.
Legislative power
The authority of parliaments to make laws for society. (See executive power and judicial power)
Legislature
A legislature is a law-making body such as a parliament.
Liberal democracy
A view that the ideal political system should combine majoritarian democracy (rule by the people) with the protection of the political, legal and social rights of individuals and minority groups.
Liberalism
A democratic political ideology that emphasises individual autonomy. Liberals support a free market economy and extensive civil liberties and personal freedom, such as religious freedom. Traditionally liberals argued for a minimal government role of in society. However reformist liberals argued that government intervention (e.g. the public provision of quality educational and health systems) was needed to ensure fair outcomes for all groups, especially for the economic weak.
Limited government
The modern belief that governments should not have unrestricted powers and that the actions should be governed by the the rule of law. (See constitutionalism)
Literal rule (also plain meaning rule)
The literal rule requires that judges assess am Act in isolation and apply it exactly in accordance with its words. This is a ‘black letter of the law’ approach to statutory interpretation.
