Task 1 Revision Flashcards
(30 cards)
Define law
A system of rules created and enforced by government institutions to regulate behavior, protect rights, and ensure order in society.
What is the difference between customs and rules?
Customs are traditional practices passed down over generations, while rules are regulations created by organisations or communities.
What are laws?
Formal rules made by Australian parliaments or courts that are legally binding.
Define values in the context of law.
Social principles guiding behavior, such as fairness and equality.
What are ethics?
Moral standards influencing laws, such as human rights principles.
List the characteristics of just laws.
- Apply equally to all Australians
- Protect individual rights and freedoms
- Are enforceable by Australian courts and law enforcement
What is the nature of justice?
- Equality
- Fairness
- Access
What does procedural fairness entail?
- Right to a fair hearing
- Right to an impartial decision-maker
Define the rule of law.
No one, including the government, is above the law and laws must be clear, known, and applied fairly.
Define anarchy.
A state of disorder due to lack of government.
What is tyranny?
A government where absolute power is held by one person or group, restricting freedoms.
Outline the origin of common law.
Developed in England and brought to Australia during colonisation, based on judicial decisions and precedents.
What is the highest court in Australia?
High Court of Australia.
List the types of courts in the state court system.
- Supreme Court
- District Court
- Local Court
Describe the structure of the Federal Parliament.
Bicameral, consisting of the House of Representatives and the Senate.
What is the process of making a bill into law?
- Bill introduced
- Debated and passed by both houses
- Signed into law by the Governor-General or Governor
What is delegated legislation?
Laws made by non-parliamentary bodies such as local councils and government agencies.
What is the difference between division and separation of powers?
- Division of Powers: Split of law-making powers between federal and state governments
- Separation of Powers: Division of government functions into Legislative, Executive, and Judicial
What role does the High Court play in the interpretation of the Constitution?
Decides disputes about the Constitution and determines if laws are constitutional.
Describe the characteristics of Aboriginal and Torres Strait Islander Peoples’ customary laws.
Based on kinship, oral traditions, and spiritual connections to land and water; dispute resolution often involves mediation.
To what extent have Aboriginal and Torres Strait Islander Peoples’ customary laws been integrated into Australian law?
Some aspects, such as mediation and land rights, have been recognised, including the Native Title Act 1993.
Define domestic law.
Laws created by Australian parliaments and courts.
What is international law?
Treaties and agreements between nations.
What is state sovereignty?
Australia controls its own laws, which can limit international law enforcement.
