Rule of Law, and Justice
A principle that states everyone, including the government, is subject to the law.
Rule of law
Law made by parliament and written into Acts.
Statute law
The branch of government responsible for making laws.
Legislature
Powers that belong only to the Commonwealth government, such as defence.
Exclusive
What is the responsibility to prove a case in court referred to as?
Onus/burden of proof
The idea that laws should be applied fairly and equally to all members of society.
Justice
Law developed by judges through court decisions.
Common law
The branch of government responsible for enforcing and administering the law.
Executive
Powers not listed in the Constitution that remain with the states.
Residual powers
The level of certainty required to prove a case in court, such as 'beyond reasonable doubt'.
Standard of proof
Legal outcomes that are fair and consider the individual circumstances of each case.
Equitable outcomes.
Law based on the traditions and customs of Aboriginal and Torres Strait Islander peoples.
Customary law
The branch of government responsible for interpreting the law and resolving disputes.
Judicial
The document that establishes Australia’s system of government and division of powers.
Australian Constitution
Australia’s criminal justice system where opposing sides present their case before an impartial judge. (Adversarial or inquisitorial)
Adversarial system
A legal concept that ensures laws are clear, public, and enforced consistently by independent courts.
Rule of law
A system of law where earlier court decisions must be followed by lower courts.
Doctrine of precedent
The principle that separates government power into three branches to prevent abuse of power.
Separation of powers
What section of the Constitution lists the federal powers?
s51
A criminal justice system where the judge plays an active role in investigating the case. (Adversarial or inquisitorial)
Inquisitorial system
The geographic or subject-matter limits that determine which court can hear a case.
Jurisdiction
A collection of laws relating to a particular area, such as criminal offences.
Code
Powers that are shared between the Commonwealth and the states.
Concurrent powers
The court with final authority to interpret the Constitution.
High Court of Australia
The structure of courts organised by authority, allowing higher courts to hear appeals.
Court hierarchy