LAWS1100 Tutorial 1 PDF

Preview

Summary

LAWS1100 Tutorial 1 practice answers...

Description

LAWS1100 Tutorial 1

Question 1.)

What is law? The law is a system of rules made by the state and enforceable by prosecution or litigation. How do you think knowledge of the law may benefit you in your future careers? The reason why knowing some laws is important is because it allows you to make sure that you are acting lawfully at all times. Also, you will have a much better chance of protecting yourself. Question 2.) What is meant by Australia having a Federal System of Government? The federal government is responsible for making laws and determining policy in relation to Banking, Taxation and Currency. The federal government decides how it will raise money by charging taxes and how it will spend money on behalf of Australian citizens. What was Australia’s governing system prior to Federation? Before 1901, Australia was not a nation. At that time, the continent consisted of six British colonies which were partly self-governing, but subject to the law-making power of the British Parliament. Each colony had its own government and laws, including its own railway system, postage stamps and tariffs (taxes). When and how did Australia become a Federation? Australia became an independent nation on 1 January 1901 when the British Parliament passed legislation allowing the six Australian colonies to govern in their own right as part of the Commonwealth of Australia Constitution at 1900(UK).

Question 3.) What is the principle of the “Separation of Powers”? The principle of separation of powers states that the executive, legislative, and judiciary powers of government should be divided into different branches and not concentrated in one.

The separation of powers refers to the separation of legislative, executive and judicial power between various bodies within each level of government.

What is the benefit of the Separation of Powers? It ensures that the different branches control each other. This is intended to make them accountable to each other . Secondly, the separation of powers divides power between the different branches of government – these are the ‘balances’. Balance aims to ensure that no individual or group of people in government is ‘all powerful’. Power is shared and not concentrated in one branch.

What role does the Australian Constitution play in advancing the principle of the Separation of Powers? The separation of powers is often referred to as a principle that not only divides power, but that also provides a system of “checks and balances”. These checks come in different forms. The most obvious is the judiciary’s role in ensuring the executive and the legislature comply with laws, including the Constitution. In this way, the separation of powers is closely associated with the rule of law and the independence of the judiciary. (Hint for the last question: download and look at the Constitution (you can find it on google search). See if you can come up with an answer to this question)...