Exam (elaborations)

Fundamentals of the Australian Legal System Questions & Answers

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Course
Fundamentals of the Australian

Institution
Fundamentals Of The Australian

The Rule of Law - ANSWERSthe government cannot exercise power unless it can point to a specific rule of law that authorises it to (cannot operate outside its power) -the law applies to everyone + no man or woman is above the law Parliamentary Sovereignty (3 aspects) - ANSWERS- parliament can le...

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Uploaded on October 7, 2024
Number of pages 2
Written in 2024/2025
Type Exam (elaborations)
Contains Questions & answers

the rule of law
fundamentals of the australian legal system questi
fundamentals of the australian legal stuvia
parliamentary sovereignty 3 aspects

Institution Fundamentals of the Australian
Course Fundamentals of the Australian

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Fundamentals of the Australian Legal
System Questions & Answers
The Rule of Law - ANSWERSthe government cannot exercise power unless it can point
to a specific rule of law that authorises it to (cannot operate outside its power)
-the law applies to everyone + no man or woman is above the law

Parliamentary Sovereignty (3 aspects) - ANSWERS- parliament can legislate on any
subject matter
- parliament cannot bind future parliaments
- no court or other person can override legislation

Separation of Powers - ANSWERSlegislative: makes the law
executive: administers the law
judiciary: adjudicates the law (applies/interprets to solve legal disputes)
-originated from French philosopher Charles-Louis de Secondat

Civil Laws - ANSWERSthose dealing with the enforcement of rights of individuals 'on
the balance of probabilities' (e.g. defamation)
-civil procedure: a written set of rules that set out the processes that courts must follow
when hearing cases of a civil nature (e.g. commencement + rules of discovery)

Criminal Laws - ANSWERSthose dealing with the stability and peacefulness of the
wider community- an action by the State to punish a wrongdoer

Public Law - ANSWERSrelevant to matters affecting the whole community

Private Law - ANSWERSmost relevant to individuals (e.g. property laws)

Constitutional Law - ANSWERSrelates to how the constitution is interpreted

Common Law - ANSWERSlaw made through the courts by judges when deciding cases

Statute Law - ANSWERSlaw made by the parliament (via legislation/acts of Parliament)

International Law - ANSWERSbody of laws and customs that govern relations between
states
-lack a parliament to make laws and courts to enforce them
-countries may choose to become bound by UN resolutions

National Law - ANSWERSgoverning relations between the people in the country and
the institutions of government

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