Y10 LS Westminster System & Separation of Powers

​Westminster System & Separation of Powers

Legal Studies Unit 1

​Revision Pop Quiz!

Multiple Choice

What are the three sources of Law?

• Case Law, Legislation, Common Law

• Legislation, Constitution, Statute

• Common Law, Precedent, Legislation

• Constitution, Statute Law, Case Law

Open Ended

The separation of powers gives different powers (authorities) to three governing bodies: Parliament, Executive, Judiciary. Explain why this system is necessary

Westminster System

In Australia our Legal System is the Westminster System. To Stop corruption the Westminster system relies on the principle of the Separation of powers. Powers are separated into three different functions given to three different groups.

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○ Legislative Power: Parliament

○ Executive Power: Cabinet

○ Judicial Power: Courts

​Let's have a look at the three Governing Bodies!

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Parliament: refers to an assembly of elected representatives, which has one or two houses, and which makes laws for the country or state/territory. The system of Parliament in Australia is based on the English System: the Westminster Model.

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• ​The main function of Parliament is to create laws.

• Law made by parliament is called Statute Law.

Legislative Power: Parliament

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Open Ended

Explain what the role of the Parliament is (legislative power)

• Courts also have the power to make law.

• Law made by the courts is called case law / common law.

•The term used to describe this is process is ‘judicial precedent’

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PRECEDENT

The policy of courts to abide by or adhere to principles established by decisions in earlier cases. Ratio Decidendi: Binding Precedent Precedent that a court must follow • Obiter Dicta: ‘Remarks by the way’ Non-Binding Precedent Precedent that a court may follow / may influence it’s decision

Judicial Power: Courts

Open Ended

Explain what the role of the Courts is (Judicial Power)

Executive Power: Cabine​t

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Within Parliament there are a group of ministers that make up the Cabinet. These are the ministers with special portfolios to look after. Eg, Heath, Education etc.

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The Cabinet holds Executive powers: It is their responsibility to administer the laws. (Put the legislation into action).

Open Ended

Explain what the role of the Cabinet is (Executive)