The Legal System

• Law is a rule that comes from a legitimate authority and applies to everyone
• Anarchy is a state of disorder due to the absence or there of, a governing controlling system
• Tyranny is a government in which absolute power is invested into a single ruler
• The Rule of Law means all people are subjected to the law including those who govern us
• Procedural fairness in a person given a fair hearing before a decision affecting the person is made
• Procedural fairness is following the procedure over dismissals (workplace etc)
• Rule of law means all people are subject to the same laws
• no one is above or below the law
• Examples of Rule of law are the Clare Nowland vs Officer White case
• Customs are established societal behaviors (not enforced)
• Rules are regulations or principles governing procedures and conduct
• Laws are formal rules of society (consequences are severe)
• Ethics are rules directing to the behavior of a person
• Values are something considered of importance
• Just laws are the fair and impartial treatment by all persons under the law
• Just Laws allow for fair treatment and outcomes
• Nature of Justice is the rule against bias and right to a fair hearing
• Rule Against Bias means that no one can be judge or jury member if they have an interest in the case.
• The Rule of Law states that every citizen must obey the law and that there will be consequences if not followed.
• The role of the High Court (76 of the constitution) is the strike down of inconsistencies and to interpret laws to determine meaning
• Common law originated in 1066 during the battle of hastings, further, it was then brought to Australia in 1788 by the English
• The hierarchy and jurisdictions of the state court are to make laws that operate within the state
• The Hierarchy and Jurisdiction of federal courts are to make laws that operate nationwide and implementing implement power
• the structure of parliament is made up of the state and federal parliaments which consist of 2 houses; the House of Representatives and the Senate
• The legislative process

  1. Bill is introduced to the parliament
  2. First and Second Readings
  3. Committee Stage
  4. Third Reading + Vote
  5. (if Yes) Then goes from the Senate to the House of Reprasentatives
  6. Process repeats
  7. (if Yes) Governorenor-General Assent
• Delegated Legislation is a law made by non-parliament bodies
• Separation of Powers ensures no 3 levels of government have too much power by dividing it between the 3 pillars
• Division of powers is the different levels of parliament
• the high court is established through the constitution
• The high court deals with cases and matters relating to areas the commonwealth legislate over
• legislative: federal power
• Residual: state power
• Concurrent: Overlap of power from states and feds
• Judiciary: How federal courts interprate the law
• Executive: How the Cabinet delegates Legislation
• Legislative: How the parliament makes up the law
• the characteristics of ATSI Customary law regulate human behavior and are a way of life
• The extent of the ATSI customary law has been integrated into Australian law through The Native Title Act 1993
• domestic law resides within a country
• international law resides with global matters