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Types of laws in australia
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Types of laws in australia
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Delegated Law
Delegated
Law
What Will Happen If It Doesn't Exist ?
Definition
Delegated law gives government ministers and others below them to have the power to make decisions about the details of laws passed by the Australian Parliament. The parliament can almost always have the power to overrule or disallow the deligated law if it is not agreed upon. Delegated law has the same power as a law made by the Australian Parliament.
Definition
What would happen if it didn't exist?
If delegated Law didn't exist the laws made by state law would be set in stone and not be able to be changed or give a lighter sentence. An example of this is if someone was speeding but had a valid reason to as in my wife is pregnant or my mother is on her death bed then they would get a little bit lighter sentence. But if delegated law didn't exist then they would be sentenced the same which may be too harsh and not necessary. or they may be given a warning but not if delegated law didn't exist instead of a warning they would be charged the punishment that was created by statute law.
Who Uses/Makes Them?
Deligated law is made by a minister, other office holder or government department using power given to them in existing law. Deligated law is to be administered by Government Departments, Local Councils or Courts to use the deligated law.
Where/how are they used?
Where/How Are They Used?
Deligated law is used in primary legislations of non-solving governing territories, made by a federal government department to apply to a particular territory. Delegated Law is also used for some bodies in the state and local government.
Where/How Are They Used
Statute Law
Statute Law
What Would Happen If It Didn't Exist?
Who Uses/Makes Them?
Definition
Definition
Statute law is made by parliament. Statute law proposes a bill for a new law or to change an existing one. A bill becomes law once it has been passed by the House of Representatives and the Senate and is given Royal Assent by the governor-general. This process is called an act of parliament.
What would happen if it didn't exist?
If Statute laws didn't exist there would be no laws made for people to follow. People would be able to do whatever they wanted, and there would be no consequences for their actions. This could lead to a lot of crime and violence, as people would not have to worry about being arrested or going to jail.
How/where are they used
Statute laws are used by the common law, to allow them to have an idea of what punishments and how serious the crime is. Statute law is used in everything every law that is made has been made by statute law. So even the voting act where they have made it available for both genders and all races to vote is an example of a statute law.
Who uses/makes them?
Statute laws are used by the common law, to allow them to have an idea of what punishments and how serious the crime is. Statute law is used in everything every law that is made has been made by statute law. So even the voting act where they have made it available for both genders and all races to vote is an example of a statute law.
Common Law
Common Law
Definition of common law
Definition
Common law is a law system that is followed in Australia. The law is inherited from the United Kingdom. Common Law is developed by judges on a case-by-case basis. Judges build on precedents and interpretations from past court decisions.
Who Makes And Passes Them?
Who uses them?
The judges make common laws but statute law can override common law. Also, the judges pass laws that then can be used in the common law. But federal courts use common law to make decisions about areas that are not included in Acts of Parliament.
Where/How Are They Used?
Where/How are they used?
Common law is made in court and used in court. some of these courts can include the Magistrate court which is used for minor consequences. another court could also be the supreme court which is used for criminal and civil cases. Common law is used when judges decide cases along the lines of earlier decisions made in similar cases.
What Would Happen If It Didn't Exist
What would happen if it didnt exist?
An example of common law is common law marriage. If common law didn't exist judges would be able to interpret and make fair judgments on the context of the case before giving them a sentence for the law they are breaking.
My New Law
My New Law
What is my new law?
New Law
My new law is about bullying. Bullying happens too much and now this new law will help stop it. This law covers cyberbullying and in-person bullying. Bullying is a big leading cause of suicide and around 13.7 per cent not including personal harm and attempts of suicide. The new law is that if bullying is proven that someone is being bullied, then that bully will have a harsher punishment than just being told by their parent or teacher not to do it again. Their punishment considering how bad their case is could be a fine of up to 300 dollars or be put in juvey for a day or two, to teach them a lesson and to stop them from doing it again, and if they are caught doing it again then there will be a much harsher punishment. This new law is needed to help save lives from suicide and to help lift people up and not let others bring them down. It is also needed because there is so much bullying that we don't know about and it would be a great thing if we could cut this in half or better. My law will help society to make everyone's lives brighter and better as it will allow people to express themselves without being judged or made fun of.
Why We Need Laws
Why We Need Laws
Why do we need laws?
Explain why we need laws in different ways
We have laws so that society can work effectively, to make sure that people or organisations are not able to use power, money or strength to take advantage of others or to make things better for themselves. We have laws to make sure that everyone understands their rights and obligations, and the rights and obligations of others. Laws keep everyone in line and stop people from hurting themselves and others. Laws needed to create equality and fairness as laws apply to everyone and don't just single out people. We need laws to keep
What is a bill?
What is a bill
A Bill is a proposed law that contains amendments to the legislation as suggested by Government Departments and generally releases draft legislation or discussion papers which form the basis of a Government Bill. A bill is called a bill because it is a legal document just like how people get given a bill at a restaurant saying they owe you money but in this case, it is a bill in law because it is showing that they serve the bill and give you the writing for you to look over.
Bibliography
Common law
https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/types-of-law/
Common Law
Statute law
https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/types-of-law/
Statute Law
Delegated law
https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/types-of-law/
Delegated Law
My new law
https://jaapl.org/content/early/2023/02/23/JAAPL.220078-22#:~:text=The%20incidences%20of%20both%20cyberbullying,made%20a%20serious%20suicide%20attempt.
My New Law
Why we need laws?
Why We Need Laws
https://www.parliament.act.gov.au/visit-and-learn/resources/lesson-plans/the-role-and-importance-of-rules-and-laws#:~:text=keeps%20everyone%20safe%3B,consequences%20of%20breaking%20the%20law.