Legal Glossary PDF

**Legal glossary** **[KEY CONCEPTS:]** **Rule of law:** no one is above the law (designed to make government equal to the law as well, they shouldn't be above the law), certain human rights (Prosecution works with the government therefore innocent until proven guilty is important right part of the...

**Legal glossary** **[KEY CONCEPTS:]** **Rule of law:** no one is above the law (designed to make government equal to the law as well, they shouldn't be above the law), certain human rights (Prosecution works with the government therefore innocent until proven guilty is important right part of the rule of law. All government institutions are bound by the constitution (constitutional law=supreme law) **RULE OF LAW IS IN PLACE TO RESTRICT GOVERNMENT** High court interprets constitution. PARLIAMENT IS THE MOST POWERFUL AS THEY ARE DEMOCRATIC The only time the high court is more powerful than parliament is interpretations of the constitution. **Separation of Powers: (TO PREVENT THE CONCETRATION OF POWER IN ONE BODY/ARM)** Legislative (parliament), Executive (government), judiciary (courts/judges) ***[Parliament]*** enacts law (create law) bill → act. ***[Government]*** administers and enforces the law. (prime minister) Every minister in the government must also be MPS. (have a certain area they were appointed) - Parliament and government can overlap. - Biggest overlap is minister are also members of parliament meaning that there is not really a separation of power. ***[Courts]*** interprets the law and resolves disputes. (separated from politics) (independent) (executive arm appoints them) **Responsible Government:** is about keeping the government accountable (ministers have their certain area) (they are held accountable by the opposition as they open too scrutiny in the lower house through question time and senate committees) - Elections keep governments accountable (regular elections) - **4 years for federal, 3 years for state** **Representative Government:** ministers in the government are elected by members of the public (citizens) in their electorate and then APPOINTED BY THE PM → folio →cabinet (but ministers can also come from the senate) **DIVISION OF POWERS:** state (anything not written in the constitution is residual and left to the state) and federal(specific federal power=written in constitution) **SEPERATION OF POWERS:** legislative, executive and judiciary **Judicial Independence:** the concept that the judiciary is independent from other branches of government. **[CHECK AND BALANCES:]** - Senate is the most significant and powerful as they have the power to block government Legislative agenda so that parliament is balanced in power between government and opposition. - Judiciary is also a check and balance as it is separate and independent from gov and parliament as their decision should not be based on politics. PARLIAMENT CAN OVERIDE ALL COURT DECSIONS BUT CANNOT OVERIDE A COURT INTERPRETATION PRIVATE BILL: made by a minister or independent not in their area of expertise. PUBLIC: made by a minister in their area **[PROCESSES & STRUCTURES:]** **Structure, composition and role of Commonwealth (Federal) Parliament & State Parliament.** **How both parliaments make law. Why both parliaments make law.** **How delegated bodies make law. Why delegated bodies make law.** **Structure and purpose of the South Australian Court Hierarchy.** **How laws are made by the courts. Why laws are made by the courts.** **The relationship between the three arms of government and the laws they make.** **How laws are supervised. Why laws are supervised.** Parliament has the power to override case law (remedial legislation). They are supervised to ensure there is no concentration of power in one body. - **How to courts supervise themselves?** - Binding and persuasive precedents - **How to parliaments supervise themselves?** - Law making process and oppositions. - **How does the executive supervise the other branches of law making?** - Ombudsman (listen to complainants) meant to be independent (government department) **How do institutions of government protect the rights of groups and individuals in the community?** **JUDGES DEPARTING FROM PRECEDENT** **Reversal-** High court/court appeals to reverse previous decision. **Overruling-** old case that doesn't work anymore. **Distinguishing-** making the facts distinguished differently. **Disapproval-** when the court thinks there's been an unjust decision. PARLIAMENT CANNOT OVERRIDE THE COURTS INTERPRECONSTITUTIONTTION OF THE CONSTIITUION Scrutiny is there to keep in power government accountable **Delegated legislation:** the power to make a law given by parliament to delegated bodied, e.g. councils, any government department, tribunals. Centre links Bureaucracy: structure and regulation in place to control activity. Strengths and weaknesses of case law Structure and regulations in place to control activity Responsible government: The government is held responsible in PARLIMNENT; through scrutiny by the opposition EVALUATION Strengths and Weaknesses of different law-making processes. Should commercial surrogacy be decriminalised? Should medical professionals be liable for negligent contraceptive advice? (Turner v Bayer Australia case) - - Should medical professionals be liable for STATUTAORY INTERPRETATION