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Legal Chapter 1 & 2

Why do we need laws? Social cohesion: having a community where people are able to live with each other in a peaceful manner.
Main function of the law: To provide a framework in which the community can exist in freedom and harmony.
Function of law (1): The law reflects community values: recognizes the political values of the community. The law reflects the social and moral values of the community and also refers the economic values.
Function of law (2): The law establishes codes of conduct: To achieve peaceful and cooperative community.
Function of law (3): The law resolves disputes: The law must establish ways to resolve disputes when they occur. These laws work with the cooperation of the courts and police.
Function of law (4): The law provides for change: The law needs to be able to meet the changing needs of society.
Effective law: Known Must be well known to the community.
Effective law: Understandable Easily understood, clearly set out our rights and responsibilities.
Effective law: Acceptable Must be acceptable to the community, must be accepted by the majority. If people don't accept the law they won't obey it.
Effective law: Stable The law can't be constantly changing, if the law is always changing people could not be expected to know the law therefore unable to obey by it.
Effective law: Consistent The law needs to be applied consistently.
Effective law: Enforced The law must be capable of being enforced and effectively enforced.
Effective law: Accessible Must be easy to gain access to the knowledge of the law.
Law-making powers: The constitution established a division of power when the Commonwealth Government would look after issues of a national interest, while the state governments would deal with and administer important state issues.
Specific powers: Under the constitution, the power of the Commonwealth Parliament to make laws is limited to matters that are specifically mentioned in the constitution .
Exclusive powers: Some of the specific powers of the Commonwealth parliament listed in the constitution can only be used by the Commonwealth Parliament. Example: currency, defense and immigration.
Concurrent powers: Some law-making powers are shared between the commonwealth and state parliament.
Residual powers: Powers that weren't given to the Commonwealth parliament at the time of federation and were left to the states. Example: criminal and civil law, health and education
Australia's Parliament is based on.. Britain's Westminster system.
The commonwealth parliament and victorian parliament are ........... parliaments Which means what? Bicameral They both consist of the crown and two houses
Commonwealth parliament: Lower house + how many members? Upper house Lower - House of representatives, 150 members Upper - Senate
Victorian parliament: Lower + how many members? Upper house + how many members> Lower - Legislative Assembly, 88 members Upper - Legislative Council, 40 members
Legal Rules: Enforced by law-making authorities Example of this: Murder and theft
Non-legal Rules: Enforced by teachers ect Example: Wearing school hats at lunch
Created by: Gabbi