Australian Legal Year 10

• The High Court has the power to declare laws passed by Parliament invalid if they are inconsistent with the Constitution.
• State Parliaments have exclusive power over certain areas such as education, health, police, and local government.
• Common law comes from precedent decisions made by courts, especially high courts.
• State Parliaments have exclusive power over certain areas such as education, health, police, roads, and public transport.
• The Commonwealth Government can make laws on matters that fall within its legislative powers, but it cannot override state legislation unless there is an express or implied conflict between them.
• Statutes, or Acts of Parliament, are laws made by the federal parliament and state/territory parliaments.
• The High Court has the power to declare laws passed by Parliament invalid if they are inconsistent with the Constitution.
• The Constitution is the highest source of Australian law, establishing the system of government and enshrining fundamental legal principles.
• 1.     Exclusive powers- A term that means “areas in which only the Commonwealth can make laws eg defense, foreign affairs, overseas trade, etc”.

   

   
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  2.     Concurrent powers- A term that means “areas in which both the Commonwealth & States can make laws e.g. Education, Health

   

   
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  3.     Residual powers- A term that means “any area not covered in the Constitution is considered to be within the states' powers to make laws, e.g. urban planning”.

   
• 1. Legislative power (power to make laws or legislation) which is exercised by Parliament;

   
• 2. Executive power (power to enforce laws) which is exercised by the Cabinet (Prime Minister and those ministers in charge of government departments). For example, police forces are directed by the responsible Minister to maintain law and order and enforce criminal laws made by parliament;

   
• 3. Judicial power (power to interpret the law and decide whether it has been broken) which is exercised by the courts. Judges should be independent and make their decisions without influence from parliament.
• 1. What are the three levels of Government?  

  Federal, state, local
• 1. Where does the Federal Government gets its power from?

  Section 51 of the Australian constitution
• What are the steps to creating a law in Australia?
• Statute Law:


  Statute law refers to laws that are written and enacted by a legislative body, such as a parliament or congress.
• Common Law:

  Common law is a body of unwritten laws based on legal precedents established by the courts.
• Customary Law


  Customary law refers to the traditional laws created and sustained by the customs, practices, and beliefs of a particular community or society over time.
• Separation of Powers:

  legislative, executive, and judicial.
• Legislative Arm of Government

  The legislative arm of government is responsible for making, changing, and repealing laws.
• Executive Arm of the Government:

  The executive arm of the government is responsible for implementing and enforcing the laws made by the legislative branch.
• Judicial Arm of Government

  The judicial arm of government is the branch responsible for interpreting the laws, resolving disputes, and administering justice
• Division of Powers: 


  The division of powers is a principle in federal systems of government where authority is divided between a central (national) government and regional (state or provincial) governments
• Residual Power:

  Residual powers are those powers not explicitly mentioned in a constitution or legal document that are retained by the government level not specified in the division of powers
• Concurrent Power
• Concurrent Power: 


  Concurrent powers are those powers that are shared by both the national (central) and regional (state or provincial) governments in a federal system. Both levels of government can make laws and policies on these subjects.
• Exclusive Power: 


  Exclusive power refers to the authority granted by a constitution or legal system to a particular level of government, allowing it to exercise control over specific areas of governance without interference from other levels of government.
• The Australian Constitution:

  The Australian Constitution is the legal document that establishes the framework for the government of Australia. It outlines the structure of the Australian Parliament, the executive government, and the judiciary, as well as the division of powers between the federal government and the states