Public law is a classification of laws that regulate the relationship between individual citizens and the state. Furthermore public law itself is a product of the political ideology of a state and that it intrinsically involves several other disciplines such as economic and political theory.
Public law is composed of key principles that ensures a functioning nation state. Such principles include parliamentary sovereignty which denotes to the Parliament’s ability to create or abolish statute law at will. The rule of law all are to be subject and are in reach of the law. The Doctrine Separation of Powers which refers to the division of power in which the judicial, the legislative and the executive are kept separate, to ‘avoid an overconcentration
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Fundamentally constitutional law which is body of law that regulates the framework of the state and establishes the state’s principal institutions. This is demonstrated in the Australian constitution which defines the responsibilities of the branches of the government. Furthermore it highlights relationship of the federal government to the states. One could argue that the development of the constitution is a result to disputes between the states and the federal government which is presented in Commonwealth v Tasmania (1983). In doing so resulted in Australia reaffirming its international obligations by enacting legislation. Moreover administrative law which operates to deal with the workings of the state, whether it is in public institutions or public authorities. This area of law reaffirms the accountability of government agencies which is evident in Minister for immigration and ethnic affairs v Teoh (1995). Also criminal law which the prosecution of a person(s) by the state due to a crime. Through criminal law’s function does not necessarily be concentrated in criminal trials such as R v Gittany. But also dealing with crisis in society such as the Criminal Law (Amendment) Act 2013 (India) which redefined the Indian penal code. Finally taxation law refers to the state’s assessment of the values of property, duties on imports or anything applicable to taxation. Disputes in the area of taxation law include FCT v Myer Emporium (1987) which was to redefine the concept of income. Thus categorizes the laws that ensures the workings of the
Separation of power prevents the power from falling all into the hands of one or a few and therefore having tyranny. (Madison FP # 47) It prevents this by having the U.S Government split into three branches, Legislative Branch (Congress), Executive Branch (President), Judicial Branch (The Courts). The Con...
Separation of powers means what it says. Power id distributed among the three branches of government: the executive branch, the legislative branch, and the judicial branch. In Document B of the DBQ Packet, James Madison quotes, “’the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may be justly pronounced the very definition of tyranny…. (L)iberty requires that the three great departments should be separate and distinct.’” In other words, if one person or group owns too much power in a government, then they are considered a tyrant, whether the person (or group) who gained the power was elected into power, born into it, or declared themselves ruler. If the government was not divided into three branches and was only a single department, then too much power would be granted to that government, defying Madison’s ideals of a tyranny-free country. With the government split into different departments, each branch owns its own set of powers. The legislative branch creates laws, the executive branch administers the laws, and the judicial branch interprets laws. Separation of powers guards against tyranny because it helps prevent the development of a branch of government that may ratify, carry out, and portray laws as they wish. Power is distributed among branches ensuring that all offices play a role in the United States’
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
The principle of separation of powers is laid out in Articles I, II, and III, in effort to avoid tyranny. It is a part of a system called check and balances. The check and balances play the roles of the three branches of government. This system was made so that no one branch will over power the other. The three branches come together and help one another by being independent of the other. The legislative branch consists of the Congress, the judicial branch consists of the courts, and the executive branch consists of the president. For an example, when a bill is in progress and the chief executive (president or governor) does not approve of it, he can reject legislation and return it to the legislature with reasons for the rejection. This is a process called veto power.
The separation of powers separates the central government into three branches. The three branches are the executive branch, the judicial branch, and the legislative branch. All of the different branches have power over specific things. This guards against tyranny because it doesn’t allow any of the branches to do whatever they want. In Doc B, it says that the great departments of power should be separate and distinct. This helps because if they all had the same power, they would have control over anything they wanted to.
In Australia, there should be fewer laws which are better enforced and with better justice outcomes. We as a nation need to enforce stricter laws and harsher punishments, we need to be concise in our laws, not having laws which are unnecessary, and we need better enforcements because there are major flaws in the Justice system Complicated laws mean more confusions and violations. We live in a world where their is just too many laws. Rules are meant to enforce a particular manner. Usually for the greater good.
International treaties entered into Australia with no legitimate impact unless they are then applied in Australia through native laws. The influences of international treaties that has brought to Australia judiciary is the close familiarity along with the operations of international law and also its institutions, especially in the area of human rights as most of the treaties were created by lawyers of legal tradition. For example, in the Koowarta’s case, the High Court interpret the section 51 (xxix) external affairs that Racial Discrimination Act was a valid exercise of being adapted to fulfil to the requirements in a treaty the Australian Government has signed. It affirmed the Commonwealth's influence to execute international treaty commitments, including human rights treaty commitments, into local law. Besides that, in the case of Tasmanian Dam Case 1983, the High Court’s interpretation of the section 51 (xxix) external affairs which consider the World Heritage Properties Conservation Act 1983 valid which the Commonwealth has the power to prevent the Tasmanian government from damming the Franklin River in a treaty the Australian Government had signed.
So, a law is the basic instrument to ensure public order, order on the state level
The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
The judges do create the law in the “hard cases”. These “hard cases” are those wherein inexistence of well-defined law creates a situation of uncertainty. And these principles direct the manner in which the statutes could be interpreted by the judges. The existence of ambiguity in the common law and the acts passed by the legislature creates scope for the courts to create laws. The same is exercised upon feeling that the existing laws have become inconsistent with current times.
One of the biggest threats to a thriving country is a tyrannical government. To prevent this, the Founders declared that the power of the government must be separated. This principle, the Separation of Powers, states that, to prevent tyranny, one governmental branch cannot have supremacy over the country. The power must be divided among three branches. These are the executive, judicial, and legislative branches. The Separation of Powers is of equal importance now as when the Constitution was written because it prevents tyranny.
Lisa Webley and Harriet Samuels defined the separation of powers as a theory or doctrine that describes the way in which a state organises the distribution of power and function between its different parties. The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
Public and Private Law – Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another. E.g. public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and properties.
Public Law Constitutionalism is the organisation of power within a government to prevent the over-centralization, and possible abuse of state power. Hence, by doing so, upholding the fundamental civil rights of the public. Such beliefs may be manifested within a written document-a constitution, which aims to enact these beliefs by outlining certain terms which the government formed must adhere to. Such terms may address the distribution of power within a government by specifying the organs of the government and their respective roles. Basic rule-making procedures, procedures to amend the document itself and most importantly, fundamental civil rights, will also be expressed within it.
and the theories of Petrazycki, Ehrlich and Habermas prescribes law as an important mean in the structuring of society.