Chapter 5 Parliament and The law JESS

Question 1

laws are important because

Answer 1

they control matters of human activity ranging from the seemingly trivial to the most profound

Question 2

human behaviour is influenced by which 4 factors

Answer 2

1. customs and traditions
2. morals
3. rules
4. laws

Question 3

rules are

Answer 3

the principle or regulation covering conduct, action procedure ect. and are a vital basis of a functioning society

Question 4

laws are

Answer 4

the formal rules consciously determined by society and are enforceable by the courts

Question 5

power is limited by

Answer 5

constitutional law and conventions (in a liberal democracy)

Question 6

power is

Answer 6

separated, checked and balanced. rule of law limits the use of power.

Question 7

laws govern…

Answer 7

the behaviour and actions of all members of society

Question 8

jurisdictions means

Answer 8

where the law speaks

Question 9

2 types of jurisdictions

Answer 9

1. geographical
2. legal

Question 10

geographical jurisdiction

Answer 10

refers to the land and sea area’s over which laws apply. Australia is a federal system which means the division of powers defines the geographical jurisdiction of law making i.e. exclusive, concurrent & residual powers.

Question 11

legal jurisdiction

Answer 11

the area of law that is covered i.e. family law, trade law, criminal laws

Question 12

what is used to delegate cases between the courts to the right legal jurisdiction

Answer 12

a court hierarchy. eg, murder is tried in the supreme court.

Question 13

characteristics of laws

Answer 13

• applicable to the whole population
• applicable all the time
• applicable to a geographical jurisdiction
• backed by sanctions

Question 14

4 main types of law
(superior law to subordinate law)

Answer 14

• constitutional law
• statute law made by parliament
• common law made by courts
• delegated legislation made by subordinate authorities

Question 15

constitutional law is

Answer 15

fundamental law. the commonwealth constitution establishes and limits the law making power of the federal branches of government.

Question 16

who interprets and applies the constitution

Answer 16

the high court of Australia

Question 17

constitutions are above and beyond

Answer 17

parliaments and courts

Question 18

referendum process is what section of constitution

Answer 18

section 128

Question 19

referendum process step 1

Answer 19

constitutional alteration bill introduced into parliament

Question 20

referendum process step 2

Answer 20

the bill must pass through both houses of parliament

Question 21

referendum process step 3

Answer 21

time frame = no less than 2 months and no more than 6 months after being passed by parliament

Question 22

referendum process step 4

Answer 22

referendum question (yes or no) posed to the people. anyone on the electoral roll must vote

Question 23

referendum process step 5

Answer 23

double majority required = more than half the population and 4/6 states

Question 24

referendum process step 6

Answer 24

governor general gives royal assent

Question 25

the commonwealth constitution draws its authority from

Answer 25

3 sources of authority and these are stated in its preamble.

Question 26

a preamble is

Answer 26

an introductory statement to a document. it states the constitutions purpose and sources of authority.

Question 27

commonwealth consitution draws its authority from

Answer 27

1. the people 2. almighty god 3. the crown

Question 28

two types of ordinary law

Answer 28

1. statute law 2. common law

Question 29

statute law is

Answer 29

law made by parliaments. these are called acts of parliament

Question 30

bills must be passed through

Answer 30

both houses of the commonwealth parliament and be given royal assent before becoming law.

Question 31

statutes are superior to common law and will always override it because

Answer 31

1. parliament is the primary legislative branch 2. parliament has democratic authority - it is elected and representative

Question 32

functions of parliament

Answer 32

1. debate and pass laws or reject bills 2. representative role , regular elections keep them accountable 3. debate rolls 4. responsibility role

Question 33

elements of the commonwealth parliament

Answer 33

1. upper house 2. lower house 3. the crown (represented by GG)

Question 34

for a bill to become a proposed statute law it must

Answer 34

pass through both houses of parliament in exactly the same way and receive royal assent.

Question 35

6 different sources of legislation

Answer 35

- government party policy - pressure group activity - public opinion and media reports - public service submissions - crises - individual parliamentarians

Question 36

2 types of voting in parliament

Answer 36

- vote on voices - division

Question 37

vote on voices - parliament voting

Answer 37

speaker asks members to say "aye" or "no. the speaker announces votes after

Question 38

division - parliament voting copy and pasted so long

Answer 38

If the vote on voices is challenged by more than 1 member then a division is called. In the case of a division the Speaker/President instructs the Clerk to ‘ring the bells’. The bells will ring (& lights flash) for 4 minutes to allow all members to return to their Chamber. At the end of the 4 minutes the S-@-A will lock the doors & present members must move to either side of the chamber to show how they are voting. Those voting in favour move to the right & those opposing move to the left.

Question 39

legislative arms of statutes:

Answer 39

-Implement policy proposed by the executive branch of government - Authorise spending by the executive branch of government - Amend existing statute - Repeal existing statute - Consolidate law by combining several old statutes into one in order to simplify or update the law - respond to court decisions and common law (by abrogating, codifying, elevating, discretion)

Question 40

statue law draws its authority from

Answer 40

1. democratic source 2. constitutional source

Question 41

democratic authority

Answer 41

Parliament is comprised of elected representatives who make laws Parliament expresses the will of the people who have delegated and entrusted their representatives with power for a period of time

Question 42

constitutional authority

Answer 42

The CW Constitution creates a parliament of 3 key parts 1. A bicameral parliament (HOR + Senate) who must both pass a bill in identical fashion before it can proceed 2. A monarch represented by the GG who must give assent before a bill can become a law 3. There is also a ‘division of powers’ – the CW Parliament may only make laws over their ‘heads of powers’ i.e. areas that have been exclusively granted to them or that are concurrent

Question 43

subordinate law, delegated legislation

Answer 43

Lawmaking power granted by the parliament to the executive. Executive made laws are called regulations, ordinances or instruments.

Question 44

examples of subordinate authorities

Answer 44

- gov departments (dep of home affairs) - statutory authorities (reserve bank) - ministers or member of parliaments portfolios - executive officials (public servants eg, secretary) - specialist agencies (Australian security and intelligence organisation)

Question 45

subordinate authorities are part of which branch and controlled by?

Answer 45

executive, parliament

Question 46

subordinate authorities have been delegated the authority to...

Answer 46

exercise power on behalf of parliament.

Question 47

how is law making power delegated?

Answer 47

through acts of parliament act must: - Nominates the subordinate authority - Defines the purpose of the delegated lawmaking power - Specify the extent of the lawmaking power - Define the circumstances in which the power is to be used

Question 48

Subordinate authorities use their power to make...

Answer 48

regulations and ordinances. These ultimately give the executive power to ‘legislate’ without going through parliament.

Question 49

parliamentary sovereignty

Answer 49

In a p&l system where both common law and statute law are created, if they come into conflict the statute law will prevail(be used). The only exception is the High Court’s interpretation of the Constitution.

Question 50

how is delegated legislation monitored

Answer 50

the senate standing committee on regulations and ordinances tables report weekly in parliament.