Unit 1 Legal Studies - Area of Study 1
Unit 1 Legal Studies - Area of Study 1
Legal laws – these are rules that are developed by a legal authority and are enforceable by the
police and courts
Non - legal rules – these are rules that are developed by private individuals or groups such as
sporting clubs, parents and schools that are not enforceable by the courts.
The Constitution
· What is it? The constitution is a legal document that sets out the law making abilities of
parliament.
· Why is it important? The constitution is important because it establishes the division of
law – making powers. Outlining which areas of law should fall to commonwealth parliament
and which areas of law should remain with the states.
· Section 51 – exclusive powers of the Commonwealth? – Section 51 regarding exclusive
powers refers to the legislative powers which belong solely to commonwealth parliament,
meaning that only commonwealth parliament can make laws in their specific areas. Areas of
exclusive power include defence forces and immigration. The purpose of having exclusive
powers is to follow the separation of powers principle which works to reduce the possibility
of the commonwealth parliament abusing their power. The separation of powers ensures no
one political or legal body (parliament, the government and courts) has complete power
within our parliamentary system
· Residual powers of the States – residual law-making powers refers to the power given to
the states in areas like education, health and criminal justice, which the commonwealth
parliament has no legislative power over.
Subordinate Bodies – e.g. local council and their role in law-making – a subordinate body, also
known as delegated legislation refers to those laws made by persons or bodies in which
parliament has delegated law making abilities.
Westminster System – the Westminster system is the British parliamentary system in which
Australia’s parliamentary system is modelled. A number of its characteristics have been adopted
into the Australian system.
Bicameral – meaning two houses in parliament. In our parliament we have the lower house
which is called the house of representatives which consist of 150 elected representatives which
represent the people, then there is the upper house which is called the senate which consists of
76 representatives of the states where there are 12 reps from each state and 2 from each
territory,
Difference between Parliament and Government - government is the political party or coalition
of parties that has majority of seats in the lower house (House of Representatives).
Parliament consist of all elected members from both the upper and lower house of parliament
and the queen's representative.
Parliament's main role is to make the law, whereas government's main role is to administer or
implement the laws made by the parliament.
· What is the Opposition? - The opposition is the political party which holds the second
most majority of seats in the lower house. They go against laws and bills.
Role of the Courts - the main role of courts is to resolve disputes and cases which come before
them from the people.
Difference between Statute and Common Law - statute law is a law made by parliament, also
known as legislature or an act of parliament (as opposed to common law)
Common law is a law made by judges through decisions made in cases; also known as case
law or judge made law.
· Case studies to highlight common law / statutory interpretation
· Studded Belt -
· Snail in the Bottle / Itchy Undies -
Civil law is an area of law that defines the rights a responsibilities of individuals.