Sources of Contemporary Australian Law 1

Definition: Traditional Indigenous cultures perceived the breaking of customary law a whole family and community matter. Elders and influential members of the tribe might meet with the people in conflict and use discussion and dialogue in an attempt to settle the dispute via mediation.

• International Law

• Mediation and Oral Traditions of ATSI Customary Law

• Domestic Law

• Ritual and Oral Traditions of ATSI Customary Law

Term: The Executive

• Administers the Law (e.g. the government)

• Drafts new Legislation for parliamentary approval

• Evaluates the Effectiveness of existing laws

• Acts as a mediator in legal disputes

Definition: Law making powers retained by the States, covering areas such as education, health, power generation and transport.

• Residual Powers

• Exclusive Powers

• Concurrent Powers

• Reserved Powers

What is the Legislative Assembly?

• The administrative body for local governments

• New South Wales lower house of Parliament

• The organization that manages state elections

• A Committee That oversees public health Policies

What is the House of Representatives?

• Federal Parliaments lower house

• Federal Parliaments upper house

• Federal Court Family Court

• New South Wales lower house of Parliament

The body of rules and customs that regulate the behaviour of states (sovereign, independent countries) in the international sphere is known as?

• Common Law

• International Law

• Federal Law

• Civil Law

Definition: Law making powers held by the Federal Government, allowing them to legislate on matters such as customs, defence and immigration.

• Residual Powers

• Exclusive Powers

• Expressed Powers

• Concurrent Powers

Definition: Refers to the previous decisions handed down by judges, these decisions are binding in all other similar cases and lower court jurisdictions. Using previous cases is known as the doctrine of precedent.

• Statute

• Common Law

• Precedent

• Rules

Definition: Laws made by the Governor-General, state Governors or members of the Executive Council.

• Regulation

• Statute

• Implementation

• Ordinances

What is the role of The Legislature?

• Enforces the law through police and military

• Advises the government on legal matters

• Reviews laws for constitutionality

• Makes the law (e.g. parliament)