Legal Studies 3/4 Notes

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Year 12 Legal Studies Exam Notes

YEAR 12 LEGAL STUDIES NOTES UNITS 3 AND 4

Year 12 Legal Studies Exam Notes

AREA OF STUDY 3
LAW-MAKING

Year 12 Legal Studies Exam Notes

AREA OF STUDY 1
PARLIAMENT AND THE CITIZEN

Year 12 Legal Studies Exam Notes

The Principle of Responsible Government • Our government is answerable and accountable to parliament, therefore to the people • It must act fairly and responsibly • If it doesn't it will lose the support of the parliament/people and it will be forced to resign/not be renewed for a another term • Ministers/MP’s are responsible to parliament, therefore the people • It needs the support of the lower house to stay as the government Responsible government refers to the concept that ministers and their leaders (premier/pm) are answerable to the parliament, and therefore the people, for their actions. The government is chosen by having the support of the lower house of parliament; if the government loses the confidence of parliament and the people it must resign. The government must act fairly and responsibly in their decision making and law-making. Sample Answer: Responsible government refers to the principle that ministers and their leaders (premiers/prime ministers) are answerable to the parliament, and therefore the people, for their actions. The government is chosen by having the support of the lower house of parliament; if the government loses the confidence of the parliament and the people it must resign. This ensures that the government must act fairly and responsibly in their decision making and law making.

Year 12 Legal Studies Exam Notes

The Principle of Representative Government • • • • • Government for the people, by the people People elect representatives Answerable to the people for their actions Must represent the views of the majority of people Failure to represent = loss of confidence = loss of government

Democracy creates a government that is run for the people, by the people. Government is made up of elected representatives elected to represent the views of people within its electorate and act on their behalf. This is achieved through regular elections. If the elected members are not representing the views of the people, they will be removed from office at the next election. Sample Answer: Democracy creates a government that is run for the people, by the people. Government is made up of elected representative elected to represent the views of the majority when making laws. This is achieved through regular elections. Failure to represent the views of the majority leads to a loss of government. This is referred to as the principle of representative government.

Year 12 Legal Studies Exam Notes

The Principle of the Separation of Powers In any legal system there are 3 functions that must be performed: • The law must be made (legislative) • The law must be administered (executive) • The law must be applied (judicial) Sample Answer: The doctrine of the separation of powers states that the three main arms of the legal system granted by the constitution must be kept separate and held by different bodies, so no one holds absolute power. The first power is the legislative power, the power to make laws, and is exercised by the parliament. the second is the executive power, the power to implement and administer the law, which is held by the crown and cabinet. The third arm is the judicial arm, which is the power to interpret and apply the law as disputes arise, and is exercised by the courts. This creates a system of checks and balances, that avoids corruption.

Year 12 Legal Studies Exam Notes

The Structure (and roles) of the Victorian Parliament The victorian parliament is a bicameral system of parliament, as it is made up of a lower house, upper house and the crown. The lower house is called the legislative assembly, and the upper house is called the legislative council. The crowns representative is the governor. The role of the...
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