Basic Functions of Law: Australia
These following notes will cover these topics: (Australian Law System)
The Functions of law, Social Cohesion,Social,Progress,Sources of law,Parliament made law,Judge-made law
Which type of law is sovereign?,Classification of Law,Regulation of human behaviour,Criminal law,Classifications of Crime,Objectives of sanctions,Civil Law,Types of civil wrongs,Civil remedies,Types of civil remedies,Crimes
The Functions of law
The two functions are:
1 Social Cohesion
2 Social Progress
Laws are needed to achieve these dual functions simultaneously.
Social Cohesion
Laws must preserve values and human rights i.e. the right to vote.
Laws set acceptable standards of behaviour
Laws prescribe consequences for breaching standards of behaviour.
Laws create three institutions of government. Parliament, executive and courts.
Social Progress
- Laws must provide a universal education system
- Laws must assist the development of youth into well adjusted adults.
- Faster, good health practises
- Protection of the environment
Sources of law
All laws in Australia originate from two sources:
1. Australian Parliaments
2. Courts
Parliament made law
Features:
Parliament makes laws because the constitution prescribes power to it.
Can be made in a broad subject area whenever parliament is summoned to sit and debate laws.
Laws made democratically by elected representatives of the people.
Can be made by any of the six state governments, two territory governments and federal government.
Laws made by parliament are called: Statutes, Legislation, Act of Parliament or Enacted law.
Parliament often delegates law-making power to subordinate institutions which operate in the executive arm of government. This type of law is called delegated or subordinate legislation, regulations, statutory rules or by-laws.
The executive is not a primary source of law and its law-making power is subject to scrutiny by parliament and the courts. Parliament can repeal a delegated authority's law
The Functions of law, Social Cohesion,Social,Progress,Sources of law,Parliament made law,Judge-made law
Which type of law is sovereign?,Classification of Law,Regulation of human behaviour,Criminal law,Classifications of Crime,Objectives of sanctions,Civil Law,Types of civil wrongs,Civil remedies,Types of civil remedies,Crimes
The Functions of law
The two functions are:
1 Social Cohesion
2 Social Progress
Laws are needed to achieve these dual functions simultaneously.
Social Cohesion
Laws must preserve values and human rights i.e. the right to vote.
Laws set acceptable standards of behaviour
Laws prescribe consequences for breaching standards of behaviour.
Laws create three institutions of government. Parliament, executive and courts.
Social Progress
- Laws must provide a universal education system
- Laws must assist the development of youth into well adjusted adults.
- Faster, good health practises
- Protection of the environment
Sources of law
All laws in Australia originate from two sources:
1. Australian Parliaments
2. Courts
Parliament made law
Features:
Parliament makes laws because the constitution prescribes power to it.
Can be made in a broad subject area whenever parliament is summoned to sit and debate laws.
Laws made democratically by elected representatives of the people.
Can be made by any of the six state governments, two territory governments and federal government.
Laws made by parliament are called: Statutes, Legislation, Act of Parliament or Enacted law.
Parliament often delegates law-making power to subordinate institutions which operate in the executive arm of government. This type of law is called delegated or subordinate legislation, regulations, statutory rules or by-laws.
The executive is not a primary source of law and its law-making power is subject to scrutiny by parliament and the courts. Parliament can repeal a delegated authority's law