Powers granted ONLY to the Commonwealth Parliament
What is Exclusive powers?
Where Commonwealth government is separated into three independent functions
What is the separation of powers?
No-one is above the law and everyone is treated equally.
What is the Rule of Law?
The best Law PASS Leader at Federation University
Who is Bonnie
Non-binding precedent that a court may choose to follow
What is Persuasive precedent
The power granted to the Commonwealth is jointly shared with the states.
What are concurrent powers?
Interpretation, adjudication, and enforcement
What is judicial power?
Develops through a series of court cases and relies on legal principles.
What is Common Law or Case law?
The key legal reason for the decision
What is Ratio decidendi?
Power that is not exclusive or concurrent and is left for the states of Australia to deal with making laws in these areas that are not stated in the Constitution.
What are residual powers?
Law-making power that is controlled by Parliament.
What is legislative power?
The courts look to interpret the meaning of the words in legislation or acts of parliament.
What is statutory interpretation?
comments made "by the way" not affecting the outcomes of the key legal reason
What is Obiter dicta?
Restricts the legislative capacity of the Commonwealth
What is the Division of powers?
Power held to govern and administer the law. This branch consists of the PM/Premier, Governor General/Governor, Cabinet - Senior ministers.
What is executive power?
famous case where judge overruled the Magistrates Court decision and redefined meaning of the words regulated weapong in the Act of Parliament
What is Equity
It has a particular importance in shaping common law in ALL jurisdictions.
What is High Court of Australia?
Removed all remaining legal links between the Australian and British governments.
What is The Australia Act (1986)?
The framework for law-making abilities - in particular it sets out the powers between state and federal governments.
What is the Australian Constitution?
Original jurisdiction to $100,000. No appellate jurisdiction.
What is the jurisdiction of the Magistrates Court?
Where the best international student
What is ..............