24 This is where most ideas come from. Where do the ideas for new laws come from? Minister Ministerial Adviser Member of Parliament Public Service Cabinet Community Groups Powerful People Legal Reform Bodies Changes in Public Opinion Judges` Comments That`s where most of the ideas come from. Ideas from outside the government system Ideas from the government system 3 The difference between legal and non-legal rulesRules are all around us. However, legal and non-legal regulations differ. They are created, applied and interpreted by different parties and are applicable to different groups in society. Legislation Non-legal regulation Who sets the rules? Legislation is passed by four groups: parliaments, subordinate authorities, municipal councils and courts. Individuals or groups such as parents, teachers, the church, schools and sports clubs make non-legal rules. Who has to play by the rules? All members of the community. Select Groups in Community.
People who choose to be part of the group choose to abide by the group rules. Who enforces the rules? The judicial system and the courts. The police. The group that defines the rules also applies the rules. For example, members of the board of directors of a sports club. Who interprets the rules? A judge or magistrate in a court or a member of a court. A large number of people are responsible for interpreting the rules. For example, an arbitrator. Examples? No flying. Over 18 years old for drinking and smoking. No “offside”.
No swearing. No makeup at school. 25 What methods could people outside the system of government use to convince Parliament to amend a law? Demonstration in front of Parliament. Petition – collect signatures of support. Send a letter to your local MP. Write a research paper and submit it to the local member. Get in touch with an influential person. Use social media to raise awareness – Facebook, Twitter. Financing. Put up posters to raise awareness (illegal in most places). Post flyers in public places. Hit.
31 What are the disadvantages/problems of delegating laws to subordinate authorities? Delegated authorities are not elected (with the exception of municipal councils), so they make binding decisions without our direct permission (e.g. officials working on ordinances). Delegated legislation is NOT passed by Parliament. There may be limited consultation (notification), which means there`s less transparency about the rules set – so you may not be aware of the change until it affects you! Delegated laws are difficult to follow (because there are so many) and community members may not recognize when a law has been amended. There is an overlap between the laws of local councils, which means you can do the right thing on one side of the street and break the law on the other. AREA 1 – LAW IN SOCIETY. A similarity between a rule of law and a non-statutory rule is as follows: A. Both are enforced in court B. Both are true. 28 keywords! Government agency: Agencies responsible for a specific area of public administration at the federal or state level. The departments are staffed by public servants. They put government policy into practice, and to do so they must adopt new rules and regulations.
For example, the Ministry of Defence (State) and the Ministry of Health (State). Legal authority: A statutory body is an organization established by an Act of Parliament for a specific purpose. For example, to deliver mail – Australia Post (federal), regulate companies Australian Competition and Consumer Commission (federal), regulate roads – VicRoads (state) or regulate workplace safety – WorkSafe (state). Local Municipal Councils: The local government system was introduced by the Local Government Act, which gives local governments (who are elected representatives of local areas) the power to regulate matters in their municipality. For example, garbage, libraries, parking lots and street cleaning. Executive Council: The Governor or Governor General and 2 to 5 ministers. Meets regularly to make regulations on the recommendation of Ministers. 4 The Need for Laws Functions of Law: Laws enable us to live in peace by recognizing our rights and those of others and providing a means of resolving conflicts in a transparent and consistent manner. Functions of the law: establish a code of conduct to guide people`s behavior. Reflect community values – social, moral, political and economic. Dispute resolution.
Make changes to meet the needs of society. 5 Characteristics of an Effective LawWhat is actually meant by an effective law? When something is effective, it succeeds in achieving the desired or expected result. What distinguishes an effective law? The law must be known. The law must be easy to understand. The law must be acceptable to the community. The law must be stable, BUT changing. The law must be applied consistently. The law must be enforced. The law must be accessible. 6 The distinction between criminal and civil lawPlease note that this is an introduction to criminal and civil law.
We will explore each of these areas in detail later in the course. CRIMINAL LAW deals with the protection of society. A crime is a crime against society as a whole that is punishable by the state. The law gives the state the ability to take legal action against an offender, that is, to prosecute the offender in court in order to obtain some form of sanction or punishment for the crime. Criminal acts include crimes against a person and/or property. CIVIL LAW deals with the application of individual rights. Everyone has rights and obligations. If a person`s rights are violated or someone fails to comply with an obligation, the law provides a means of taking legal action against the person (i.e., taking a person to court and obtaining some form of redress). Civil actions generally involve contract law and tort law (tort, including negligence, trespass, harassment, and defamation). 26 Delegated legislation Why might Parliament decide to delegate (or delegate) some of its legislative powers to subordinate authorities? Parliament has neither the time, nor the expertise nor the local knowledge to enact all the necessary legislation required in the Community. Can you imagine Parliament having to legislate in every suburb, from Templestowe to Toorak? The legislative delegation ensures that Parliament can focus its work on the most important/controversial/costly policy areas.
Parliament passes enabling legislation that gives a subordinate authority the power to legislate.