UNIT 1 LEGAL STUDIES – AREA OF STUDY 1

DOT POINT REVISION SHEET

Why do we need laws?

As a society we require both legal and non-legal rules to regulate behavior. The aim of laws are
to protect society and keep it functioning. Laws help to establish and protect an individual’s
rights, and to stop behavior that may affect the peace and good order of society. Laws are
needed to provide guidelines for acceptable behavior and to prevent conflict.

Legal laws – these are rules that are developed by a legal authority and are enforceable by the
police and courts
Non - legal rules – these are rules that are developed by private individuals or groups such as
sporting clubs, parents and schools that are not enforceable by the courts.

Characteristics of an effective law

To be effective a law must reflect society’s values, be enforceable, be known by the public, must
be clear and understood as well as stable (constant, not changing all the time.)

The Constitution
· What is it? The constitution is a legal document that sets out the law making abilities of
parliament.
· Why is it important? The constitution is important because it establishes the division of
law – making powers. Outlining which areas of law should fall to commonwealth parliament
and which areas of law should remain with the states.
· Section 51 – exclusive powers of the Commonwealth? – Section 51 regarding exclusive
powers refers to the legislative powers which belong solely to commonwealth parliament,
meaning that only commonwealth parliament can make laws in their specific areas. Areas of
exclusive power include defence forces and immigration. The purpose of having exclusive
powers is to follow the separation of powers principle which works to reduce the possibility
of the commonwealth parliament abusing their power. The separation of powers ensures no
one political or legal body (parliament, the government and courts) has complete power
within our parliamentary system
· Residual powers of the States – residual law-making powers refers to the power given to
the states in areas like education, health and criminal justice, which the commonwealth
parliament has no legislative power over.

Subordinate Bodies – e.g. local council and their role in law-making – a subordinate body, also
known as delegated legislation refers to those laws made by persons or bodies in which
parliament has delegated law making abilities.

Westminster System – the Westminster system is the British parliamentary system in which
Australia’s parliamentary system is modelled. A number of its characteristics have been adopted
into the Australian system.
Bicameral – meaning two houses in parliament. In our parliament we have the lower house
which is called the house of representatives which consist of 150 elected representatives which
represent the people, then there is the upper house which is called the senate which consists of
76 representatives of the states where there are 12 reps from each state and 2 from each
territory,

What is social cohesion?

Social cohesion is a term used to describe the willingness of members of the society to
cooperate with each other in order to survive and prosper.

Principles of Justice - explanation

· Fairness – this principle of justice entails that all people deserve impartial and just
treatment or behavior without discrimination or favoritism, although this can mean different
things depending on a person’s values and perspectives. Fairness also means that when a
dispute arises, all parties must receive a fair hearing/trial as a part of their human rights.
· Equality – this principle of justice entails that all members of society must be treated
equally before the law no matter their race, sex, marital status, religion or culture
· Access – the principle of access means that’s anyone involved with a civil or criminal
crime is able to contribute in solving a dispute and coming to a resolution.

Structure of Commonwealth Parliament - the Australian commonwealth parliament is set up in a

bicameral matter, meaning we have 2 houses, the lower house and the upper house, as well as
the crown which acts as the queen’s representative (governor general)

Difference between Parliament and Government - government is the political party or coalition
of parties that has majority of seats in the lower house (House of Representatives).

Parliament consist of all elected members from both the upper and lower house of parliament
and the queen's representative.

Parliament's main role is to make the law, whereas government's main role is to administer or
implement the laws made by the parliament.

· What is the Opposition? - The opposition is the political party which holds the second
most majority of seats in the lower house. They go against laws and bills.

Role of the Courts - the main role of courts is to resolve disputes and cases which come before
them from the people.

Difference between Statute and Common Law - statute law is a law made by parliament, also
known as legislature or an act of parliament (as opposed to common law)

Common law is a law made by judges through decisions made in cases; also known as case
law or judge made law.
 · Case studies to highlight common law / statutory interpretation
· Studded Belt -
· Snail in the Bottle / Itchy Undies -

Relationship between Parliament & the Courts

· How do courts influence Parliament in law-making?
Types of Law – criminal / civil – differences - criminal law is an area of law that regards the
behaviors and conducts that are prohibited

Civil law is an area of law that defines the rights a responsibilities of individuals.