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LEGT1710 W1 Questions
1. Australia was originally governed from London. Can the British Parliament still pass laws that apply to Australia?
No,
under the Statute of Westminster (1931) the British Parliament is no longer entitled to pass laws that apply to Australia. This statute establishes legislative equality and independence to the Dominions of the British Empire thereby allowing Australia to occupy its own legislation.
2. Briefly explain the distinction between “enacted” and “unenacted” law.
Enacted
law (statute law) is law that has been passed through by State and Federal Parliaments. Unreacted law (common law) is law that has been passed through the courts based on judicial decisions.
3. What does the term “common law” mean?
Common
law is a classification of legislation that has been created by the courts and decisions of the judges.
4. If there is a conflict between common law and statute law which law prevails?
According
to the Commonwealth Constitution and a State, section 109 of the Constitution, statute law will always prevail over common law in cases of conflict and inconsistency.
5. Explain the doctrine of separation of powers.
The
doctrine of separation of powers divides the institutions of government into three independent branches: the legislative (who makes the laws), executive (who puts the law into operation)
1. Australia was originally governed from London. Can the British Parliament still pass laws that apply to Australia?
No,
under the Statute of Westminster (1931) the British Parliament is no longer entitled to pass laws that apply to Australia. This statute establishes legislative equality and independence to the Dominions of the British Empire thereby allowing Australia to occupy its own legislation.
2. Briefly explain the distinction between “enacted” and “unenacted” law.
Enacted
law (statute law) is law that has been passed through by State and Federal Parliaments. Unreacted law (common law) is law that has been passed through the courts based on judicial decisions.
3. What does the term “common law” mean?
Common
law is a classification of legislation that has been created by the courts and decisions of the judges.
4. If there is a conflict between common law and statute law which law prevails?
According
to the Commonwealth Constitution and a State, section 109 of the Constitution, statute law will always prevail over common law in cases of conflict and inconsistency.
5. Explain the doctrine of separation of powers.
The
doctrine of separation of powers divides the institutions of government into three independent branches: the legislative (who makes the laws), executive (who puts the law into operation)