a)- Mechanisms of Reform
Outline the role of mechanisms of law reform.
The legislature is made up by both houses of the federal parliament, the House of Representatives and the Senate. The legislature is accountable for deciding whether or not to pass new laws or alter current laws. The legislature formulates laws by passing Acts of Parliament: statutory law.
The executive consists of the public service and government ministers. The executive role is to discuss and select what laws are required, place into effect and oversee the laws presented by the legislature, which is done through government departments and agencies. The role of the ministers is not referenced in the constitution however they are now play an essential role in the successful way the executive works.
The judiciary consists of the High Court and Federal Courts and its role is to interpret how the laws of the Commonwealth are incorporated into court decisions. It examines whether the legislature and the executive are operating within their roles. Statue law is applied by the judiciary to situations they are asked to review (this is called statutory interpretation). It changes the law to relate to certain situations where there is no statute law by developing and interpreting common law.
These three sources of power, the executive, the legislature and the judiciary are separated. This is one of the fundamental principles of our democracy, known as the ‘separation of powers’.
Outline the impact of international law on Australian law.
International law has an impact on Australian law through services and activities that require co-operation between other countries, e.g. postal services, telecommunications, transport of goods and passengers by air, land and sea, international trade, protection of the environment, etc. Additionally, principles that guide the way countries deal with one another are acknowledged all over the world. Slavery is an example of this as although not every country has signed the ICCPR, slavery is prohibited. By signing and ratifying an international treaty or convention, Australia is essentially agreeing to make domestic law regarding the concept of the treaty/convention. Due to the greater level of communication between countries, international law often reflects domestic law. For example, Australian trade laws have to be consistent with international trade laws.
Outline the role of mechanisms of law reform.
The legislature is made up by both houses of the federal parliament, the House of Representatives and the Senate. The legislature is accountable for deciding whether or not to pass new laws or alter current laws. The legislature formulates laws by passing Acts of Parliament: statutory law.
The executive consists of the public service and government ministers. The executive role is to discuss and select what laws are required, place into effect and oversee the laws presented by the legislature, which is done through government departments and agencies. The role of the ministers is not referenced in the constitution however they are now play an essential role in the successful way the executive works.
The judiciary consists of the High Court and Federal Courts and its role is to interpret how the laws of the Commonwealth are incorporated into court decisions. It examines whether the legislature and the executive are operating within their roles. Statue law is applied by the judiciary to situations they are asked to review (this is called statutory interpretation). It changes the law to relate to certain situations where there is no statute law by developing and interpreting common law.
These three sources of power, the executive, the legislature and the judiciary are separated. This is one of the fundamental principles of our democracy, known as the ‘separation of powers’.
Outline the impact of international law on Australian law.
International law has an impact on Australian law through services and activities that require co-operation between other countries, e.g. postal services, telecommunications, transport of goods and passengers by air, land and sea, international trade, protection of the environment, etc. Additionally, principles that guide the way countries deal with one another are acknowledged all over the world. Slavery is an example of this as although not every country has signed the ICCPR, slavery is prohibited. By signing and ratifying an international treaty or convention, Australia is essentially agreeing to make domestic law regarding the concept of the treaty/convention. Due to the greater level of communication between countries, international law often reflects domestic law. For example, Australian trade laws have to be consistent with international trade laws.