Separation of Powers in Australia

Questions and Answers

What is the definition of separation of powers?

Separation of powers is a governance model that divides the responsibilities of government into three branches: legislative, executive, and judicial.

What role does each arm of the separation of powers play?

The legislative makes laws, the executive implements them, and the judicial interprets and applies the law.

Does Australia have a complete separation of powers?

No, Australia does not have a complete separation of powers, especially at the state level, where the executive can be drawn from the legislative branch.

What is statute law?

<p>Statute law is written law passed by a legislative body such as parliament.</p> Signup and view all the answers

What is a bill?

<p>A bill is a proposal for new legislation or an amendment to existing legislation presented for debate in parliament.</p> Signup and view all the answers

Study Notes

Separation of Powers

A governance model dividing responsibilities among three branches: executive, legislative, and judicial.
Aims to prevent concentration of power, ensuring checks and balances between branches.

Role of Each Arm of Separation of Powers

Executive: Implements and enforces laws; consists of the government and public service.
Legislative: Creates, amends, and repeals laws; comprises the Parliament, reflecting public will.
Judicial: Interprets laws and adjudicates legal disputes; independent courts uphold the rule of law.

Completeness of Separation of Powers in Australia

Australia features a partial separation of powers, blending functions, especially in the executive, where government officials often hold seats in the legislature.

Statute Law

Laws enacted by Parliament; formally written and documented acts that govern specific issues.
Statute law overrides common law when there is a conflict.

Bill

A draft proposal for new legislation or amendment to existing laws before being approved by Parliament.

Process of Making Statute Law in Australia

A bill is introduced in either house of Parliament.
It undergoes readings, debates, and committee scrutiny.
After approval by both houses, the bill receives royal assent from the Governor-General to become law.

Common Law

Law developed through judicial decisions and case precedents rather than through legislative statutes.
Relying on legal principles established in earlier court decisions influences future cases.

Precedent

A legal principle or rule established in previous court cases used to guide judicial decision-making in similar future cases.

Difference Between Statute and Common Law

Statute law is created explicitly by legislative bodies and is written, while common law evolves from judicial interpretations and is not codified.

Binding and Persuasive Precedent

Binding Precedent: Must be followed by lower courts in the same jurisdiction; established by higher courts.
Persuasive Precedent: May influence a court's decision but is not obligatory; can stem from rulings in other jurisdictions or lower courts.

Civil Law Tort of Negligence

A breach of duty causing harm or loss to another party; requires a duty of care, a breach of that duty, and damages resulting from the breach.

Different Types of Civil Law

Contract Law: Governs agreements and obligations between parties.
Tort Law: Deals with civil wrongs causing harm or loss.
Property Law: Involves the rights and duties related to property ownership and use.
Family Law: Concerns legal issues arising from family relationships, such as divorce and custody.

Description

This quiz explores the concept of separation of powers, focusing on its definition and the roles of its distinct arms within the Australian legal framework. It further examines statute law, the legislative process, common law, and the principles of negligence. Test your understanding of these crucial legal concepts and their implications in Australia.