Flashcards

Robin Camenzind
Flashcards 31 Flashcards
Students 0 Students
Language English
Level University
Created / Updated 21.03.2014 / 03.11.2014
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Law defined

A set of rules, developed over a long period of time regulating people’s interactions with each other and which sets standards of conduct between individuals and other individuals, and individuals and the government and which are enforceable through sanction.

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Law made by Parliament 
Statute Law
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Law made by judges/ the courts
Case Law (sometimes referred to as Common Law)
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Separation of powers

The doctrine of separation of powers seeks to confine the exercise of the legislative, executive and judicial branches of government exclusively to their respective institutions (Parliament, Cabinet and the courts).
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Delegated Legislation

Where legislative authority has been delegated by the parliaments to government departments and authorities, and local councils Delegated legislation may include: Orders Regulations By-laws Local laws
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Division of law-making power

Exclusive powers Concurrent powers Residual powers
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Change to the balance of power between commonwealth and state governments can be achieved via:

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High Court interpretation of the Constitution Change to the Constitution Referral of Sate power to the Commonwealth
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To change the Constitution requires a referendum – which is set out in section 128.
Approved by an absolute majority of both Houses of Parliament or passed twice in one house. Referendum (vote) approved by majority of the voters in at least four states.

The Governor-General gives Royal Assent