Legal Foundations Flashcards
(39 cards)
Why do we need laws?
In other words, we need laws to achieve
social cohesion and to protect individual
rights
Define Social cohesion
The ability of a
community to live together in a peaceful,
orderly, and harmonious manner by
recognising that all people have rights and
responsibilities.
Customs
Socially acceptable habits that have become common practice.
e.g. not smoking around children, not speaking with your mouth full, not sneezing all over someone.
* Made by society
* Interpreted by society
* Enforced by society
* Not adhering to the social custom / norm = social exclusion, labelling, disdain
Rules
Are non-legal guidelines which apply to a specific group of people.
e.g. house hold rules, sporting rules, school rules.
* Made by non-legal institutions or bodies e.g. families, sporting clubs
* Interpreted by sporting association, parents, school administration
* Enforced by non-legal individuals e.g. umpires, parents
* Breaking the rule = ban, fine, detention, grounded
Laws
Legal rules that everyone in society must follow.
- Made by parliament, subordinate authorities, or the courts
- Interpreted by the courts
- Enforced by the police
- Breaking the law = sanctions
Characteristics of an Effective Law
-Known
-Enforceable
-Reflects society’s values
-Stable
-Clear and Understandable
The Principles of Justice
Fairness, Equality, Access
Fairness
Impartial and just treatment or behaviour without favouritism or discrimination.
e.g.-The right to silence when being questioned by police
- Receiving a fair trial
-The ability of young people (under 18) to have a parent or guardian
present when being
questioned by police
Equality
The state of being equal, especially in status, rights or opportunities.
e.g.* Both parties have a right to legal representation
* Both parties have equal opportunity to present their case
* Both parties are treated equally with regard to strict rules of evidence
and procedure in court
* The judge is an independent and impartial adjudicator who treats
both parties equally
Access
The means or opportunity to access the legal system.
e.g. * Access to an interpreter if needed
* The ability to access legal representation even if you cannot afford to
pay (legal aid)
* Being able to access a court in your geographic area
* Having access to the evidence that will be presented against you in
court
Three Levels of Government
- Commonwealth (Federal) Parliament—makes laws for the whole of
Australia - 6 state and 2 territory parliaments—make laws for their state or territory
- Over 500 local councils—make local laws (by-laws) for their region or
district
The Parliamentary System
The Constitution separates the functions of the legal system between the parliament, the executive, and the judiciary.
Role of parliament
The parliament makes and amends the law
Role of executive
The executive puts the law into action
Role of judiciary
The judiciary makes judgements about the law
Governor-General roles
- Giving royal assent to laws made by the houses of parliament.
- Commissioning the Prime Minister; appointing ministers and
assistant ministers; and swearing-in other statutory positions.
The Commonwealth Parliament
Commonwealth Parliament consists of:
* The King (represented by the Governor-General)
* Two houses (the Senate and the House of Representatives).
House of Representatives (Lower House)
-151 members representing 151 electorates
-The aim is to ensure that electoral divisions within each state or territory
contain approx. an equal
-Roles:
* Introduces bills.
* Reviews bills passed by the upper house.
* Holds government (political party, or parties in coalition, which holds the
majority of seats).
* Represents majority interests.
Senate (Upper House)
-The aim or intention is to ensure that each state/territory has equal
representation, regardless of population.
-There are 76 Senators
-Role:
* Reviews bills (proposed laws) introduced from the lower house.
* Introduces and passes bills.
* Known as the ‘house of review’ because most bills are introduced in l
lower house.
Division of Powers
The Constitution gives the Commonwealth / Federal Parliament exclusive powers in some areas
Eg. defence, currency, citizenship
Some powers are shared between the Commonwealth and the states. These are called concurrent powers.
Eg. Taxation
Powers not addressed in the Constitution are residual powers; these rest with the states.
Eg. Crime.
The Functions of Parliament
- legislation (making laws)
- representation (acting on behalf of voters and citizens)
- scrutiny (examining the government)
- formation of government
Victorian Parliament
The Parliament of Victoria also has two houses.
Representatives are elected to either the Legislative Council or Legislative
Assembly:
- The Legislative Council (the Upper House) - 40 members.
Designed to ensure that rural and metropolitan areas are given equal representation
(based on area, not population).
*The Legislative Assembly (the Lower House) - 88 members.
Electorates divided based on population.
Outline the steps involved in making a new law.
-First reading
-Second reading
-Debated by members of the house
-Passed by both houses
-Becomes an act (given name, number and year)
-Given royal assent
-Commencement (act becomes an actual law)
Why do laws change?
For social cohesion to exist, laws must be effective. If they do not meet certain aspects of the 5 characteristics of an effective law, the law may be changed.
