Prelim Legal Studies - Sources of Law

Definition: 151 Members, Lower house, Voted in every 4 years.

• House of Representatives

• District Court

• Senate

• State Legislatures

Definition: Courts; Resolve Legal Disputes.

• Executive

• Senate

• Parliament

• Judiciary

Definition: Where courts can scrutinise decision making processes by the legislative and the executive, as well as by challenging validity of legislation.

• Judicial Restraint

• Statutory Interpretation

• Judicial Review

• Judicial Independence

What is the role of judges in enforcing international treaties?

What is the evaluation of delegated legislation?

• Advantages: parliamentary privilege, efficiency and expertise, community participation, flexibility and adaptability.

• Disadvantages: Undemocratic law making, lack of community awareness, complexity of law.

Definition: Members of Parliament are paid, otherwise lower class people wouldn't be able to give their vote.

• Only upper-class individuals can afford to run

• Voluntary contributions from wealthy donors

• Salaries for members of Parliament

• No compensation for public service roles

Definition: Double Dissolution

• Eliminating one of the houses of parliament entirely

• Implementing a temporary suspension of parliament

• Creating a new legislative body from scratch

• Resolving a deadlock between two houses

Definition: The dissolution by the Governor-General of the Senate and the House of Representatives simultaneously, resulting in the termination of all business before them, and the calling of an election to return members for all seats in both houses; this may occur only in circumstances of deadlock between the houses.

• Negligence

• Post Parliament Stage

• Double Dissolution

• Double Majority

Definition: Government is accountable to Parliament via options such as scrutiny.

• Government Operates Independently of Parliament

• Features of a Responsible Government

• Citizens have no Influence on Government Actions

• Parliament has no Role in Government Oversight

Definition: Highest court in Australia that may give leave to appeal on criminal matters from lower courts.

• International Criminal Court

• District Court

• High Court of Australia

• Supreme Court of Victoria