Revision Flashcards
(41 cards)
What are Laws?
Laws are a system of rules created to regulate behaviour, they are enforced through social or governmental institutions to regulate behaviour
Laws are influenced by values and ethics when…
Enough people pressure governments into implementing Laws to satisfy their opinion
Characteristics of just laws are…
Equal/fair Non retrospective Minimal delay Known Ultra Justifiable
Procedural fairness is…
The right to: Participate in hearings Know charges Have a hearing Be free of bias
Tyranny is…
Cruel and oppressive government
Common Law…
Born by king Henry II, 1154.
Ability of judges to make laws
Started with a ‘Chancellor’ who would hear cases on the kings behalf.
Equity Law is…
A branch of law concerned with previous decisions on cases.
Precedent is…
Is created by the way judges interpreted previous decisions on cases. (based upon existing law)
The Adversarial system is…
(Common method of civil court procedures)
The method of having two opposing sides come before an independent court to prove allegations.
Statute law is…
made by two houses of parliament, these laws start as bills and are passed by two houses of parliament.
The role of parliament is…
To pass laws
The house of representatives has…
150 members from all parties who make and amend laws.
The legislatives process…
Gov and Private
Draft—First reading—Lies before parliament—Second reading—Third reading—Committee stage (parliamentary debate).
Delegated legislation is…
Made by Government agencies and the Governer-General under authority of parliaments, which delegates this power to agencies.
Separation of powers is…
Legislation which divides the institutions of government into three branches Legislative, Executive and judicial.
The role of the high court is…
To deal with matters involving the constitution, exercise its original jurisdiction and act as a final court of Appeal.
Aboriginal and Torres Straight islander law…
Orally based
Based on ritual and traditions
family and kinship ties
Agreement on laws throughout the hole group
International Law…
Governs the behaviours of countries and cross border situations.
Domestic law…
Arises from legislative that is created by a group of people within one country.
State sovereignty…
Is the concept that states are in complete control of all the people and property in their state.
international customary law…
International obligations arising from established international practices.
A declaration is…
A formal or explicit statement which was announced
A Treaty is…
An agreement between sovereign states and sometimes international organisations which is binding at international law.
Role of the UN…
Preserve international peace and security.
