Questions and Answers
What are the two main levels of Parliament in Australia responsible for law-making?
Commonwealth Parliament and state/territory parliaments.
In what situations can statutory authorities make laws?
Statutory authorities can make minor laws on behalf of parliaments for specific local issues.
What is the difference between laws made by Parliament and laws made by judges?
Laws made by Parliament are called legislation or Acts, while laws made by judges are known as common law.
How does the Commonwealth Parliament's law-making impact Australians as a whole?
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Why might specific laws vary from one Australian state to another?
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What happens when a judge creates a legal principle while resolving a dispute?
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What term is used for laws made by local councils in Australia?
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What is the overarching requirement for all Australians regarding the law?
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Study Notes
Law Making Bodies in Australia
- Laws can be made by Commonwealth, state and territory parliaments, local councils, and court judges.
- Various bodies, known as statutory authorities, are created by parliaments to make more localized, minor laws efficiently.
Role of Parliament in Law Making
- Australia's laws are primarily made by parliament, which consists of elected representatives.
- Legislation, statutes, or Acts refer to laws made by parliament.
- There are two levels of parliament: Commonwealth (federal) and state/territory parliaments.
- The Commonwealth Parliament in Canberra makes laws applicable to all Australians, while state parliaments address specific local needs.
Examples of Legislative Authority
- Commonwealth laws, such as those regarding marriage and divorce, apply universally across Australia.
- State parliaments handle areas like driving and adoption laws, which can differ significantly; e.g., minimum age for a probationary driver's license is 17 in Western Australia but 18 in Victoria.
Role of Statutory Authorities
- Statutory authorities like local councils, Australia Post, and Country Fire Authorities are delegated minor law-making powers by parliaments.
- These authorities create specialized laws on local matters, such as park usage or waste management.
Role of Courts in Law Making
- Judges in higher courts (e.g., Supreme and High Court) can establish laws through their decisions.
- A judge's ruling creates legal principles (common law) binding for similar cases in other courts.
The Rule of Law
- Australian legal system operates on the rule of law, ensuring laws apply equally to all individuals and organizations.
- Laws can only be amended or enacted by entities with legal authority, specifically Commonwealth, state, and territory parliaments and courts.
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Description
Explore the different law-making bodies in Australia, including the Commonwealth, state and territory parliaments, and local councils. Understand the role of parliaments in creating legislation and how these laws vary from one jurisdiction to another.
