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Law making in australia
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Australian laws change in various ways on a continuous basis. The federal and State legislatures can change laws when enacting legislation. This law could reflect on improvements or/and new social esteems in contemporary society. Legislation that is new or amended can indicate political choices and can be determined by organisations such as the Australian Law Reform Commission (ALRC) or lobby groups.
Judges can also change laws in court. The laws that are changed in court by a judge are usually less predictable and are harder to be controlled thank congressional changes laws need to be changed because
- changing social values: When the values or morals of a community changes it is essential that the law does too. If the law is not changed
laws is to keep the bad things out from the old society out such as
The roots of Australian laws are similar to traditional Aboriginal laws, dating back to before the Norman Conquest in 1066, where each separate village had their own laws developed to their own customs. This changed however, after a centralized legal system was established after 1066. A common law was formed, that applied to all of England. This was later combined with equity law and mercantile law, which is the basis of Australian law today, known as ‘statute law’.
It is simple to be confused by the federal court judges and their decisions and how they go about them and how they are in their position. Personally, I always thought they were elected by the Supreme Court or someone or something higher than them. But I was very surprised to know that they were appointed (assigned a job or role to). This leaves the judges from having to go through a process of campaigning and running against others. Although by being unelected officials it has both pros and cons. Pros being, that they are trusted enough to handle cases that go to this point and being able to make a decision under the law to better the society. Cons being, if a federal court judge makes any misdemeanor or crime they have the ability to be impeached
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
Judicial Activism- judges should interpret and apply the law in the light of ongoing changes in conditions and values
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law.
There are a plethora of conditions that give rise to law reform, such as changing social values, new technology, and the failure of existing laws. Changing social values in our society is probably the most detrimental condition in regards to law reform due to the fact that society has a significant role in determining the laws that are actualized. If the preponderance of society does not believe in a law, or believes a law should be implemented, then the law will be amended to reflect the views of society. For example, before the notion of gay marriage came into consideration to become law in Australia, most people shunned the idea of making this a law as many believed it was unacceptable. In spite of this however, society’s values have significantly changed since then, resulting in the amendment of the law in New Zealand to suit these new values. Furthermore, another pivotal condition that gives rise to law reform is that o...
The first English settlement in Australia was established in 1788. Before this the Aborigines lived in the land in harmony. However, after the English arrived, the two different cultures were in close contact and had to determine how to coexist. White Europeans did not respect the Aborigines’ right to the land and it’s resources. With brutal force, they took control of the land and claimed it as their own. Australians then developed their own policies on how to deal with the Aborigines, which, as you can expect, bettered their own way of life. There are three historical phases of Australian governmental policies: dispossession, segregation, and assimilation. There are also some recent policies that have acknowledged Aboriginal rights and have increased their autonomy and welfare. This paper will discuss these phases, their effects on the Aborigines and Australia, and the future of Australian race relations.
The changes needed for the Australian society to be adequately addressed is not the law itself but the consequences in regarding the law because if they were effective than there would be less violence happening but that is not the case.
The United States Constitution is set forth in broad terms and grants the Supreme Court the power overturn laws they decide are unlawful or unconstitutional. In 1803 the Supreme Court established its power to declare laws unconstitutional in the Marbury v. Madison which achieved the system of checks and balances. With this power the judges have the last word of authority among all three branches of the federal government, they can set boundaries to their own authority as well. (http://www.supremecourt.gov/about/constitutional.aspx)
The Australian legal system is based on common law and its primary sources are legislation (statutes, Acts of parliament), delegated (rules, regulations, orders and by-laws of bodies to whom parliament as delegated authority) and court judgments. While international law is based on a combination of different areas of law. There is a clear hierarchy of legislation followed by delegated legislation and then court judgments, whereas international law has no such order to the importance if any particular source. International Law can be more broad in its terms as it tries to encompass the needs of every state involved, whereas Australian law sources is much more specific as it pertains to the specific people involved (eg: court cases). ‘International law not only lacks the secondary rules of change and adjudication which provide for legislature and courts, but also a unifying rule of recognition specifying 'sources ' of law and providing general criteria for the identification of its
Legislation is described as law that has been circulating by a regulatory body for a certain circumstances to maintaining and standardize an outcome. From the web search re...
In conclusion it is clear there is a relationship between law and morality and there will always be a debate on the extent to which morals effect laws and how laws influence the morals of society. Morals and laws constantly change with political, economical, and social influences and will therefore always have the opportunity to be affected by each other but the extent of which cannot be predicted.
The courts are one of the three branches of government, working nearby however freely of the Legislature (Parliament) and the Executive (Cabinet and Ministers outside Cabinet in addition to government divisions). Generally as the Judiciary is free from alternate branches of Government, so every judge is autonomous from every single other judge. Judges are along these lines allowed to settle on their choices without bearing from whatever other judge, in the same way that they can't be affected in their choices by alternate branches of government or some other sort of