Laws and Communities Flashcards
(10 cards)
What is law?
A collection of official and enforceable rules that have been created to regulate behaviour in society.
What is the legal system?
A broad structure or network by which a society makes laws, enforces those laws and decides any disputes that arise under those laws.
What are the two functions of law and how are they different?
- Social cohesion - where members of society act lawfully and responsibly and are respectful of the rights of others with any disputes being resolved according to law.
. Laws help create a harmonious society despite the multi-cultural population.
. Binds citizens together with a common set of expectations of behaviours.
Social Progress - the orderly progression of harmonious society from one generation to the next.
. Ideally rights of future generations
. Laws realting to education, health, youth development and environment.
What are public and private law and how are they different?
Public law - these are laws where the state is actively involved in the dispute as one of the parties.
. Criminal-law is the best-known type of public with others being constitutional law and administrative law.
. The result is a sanction like jail-term or fine if guilt is proven.
Private law - this covers disputes between private citizens where one person alledges the other has infringed their rights.
. It results in the affected party being compensated with an award of damages if liability is proven.
. Civil and family law
What four main values can be found in our law?
. Moral values
. Social Values
. Political Values
. Economic Values
What is the constitution and what are the main functions?
The federal system was achieved through the process known as federation which happened in the later part of the 1800’s. It is cultivated in the writing of the commonwealth constitution which is Australia’s highest law and rule book for government. It creates the federal institutions of government (parliament, executive and courts) and divides law-making power with states.
How can the constitution be changed?
(s128) - a bill must be passed through the federal parliament (at least the lower house) containing the wording of the proposed change.
. A referendum vote will then be set to allow the Australian people to have their say
. A successful referendum needs two criteria, majority of votes, majority of states.
Does Australia need a bill of rights? Argument for and against.
Definition of bill of rights: A formal statement outlining the fundamental rights and freedoms of citizens within a country.
Against argument: our rights are adequately protected by the commonwealth constitution, ordinary legislation made by parliament, common law.
For argument: Parliament and courts can take away rights from citizens without their consent or knowledge!
Including a bill of rights into the constitution via a vote of the people is seen by some as the most democratic way to safeguard basic rights and freedoms.
Australia is a constitutional monarchy? What does this mean?
The Australian legal system is based on the British Westminster which developed over hundreds of years ago from the Battke of Hasting in 1066. Australia is a constitutional monarchy and our head of state is the King. However, the King does not have a role in the day-to-day running of Australia.
Identify the different types of influences on lawmakers?
. Political parties
. The media
. Public opinion
. Interest groups/lobbyists
. Court decisions
. International pressure
