politics and law ysar 10 term 2

who was hammurabi

hammurabi was a former king of babylon in ancient mesopotamia from about 1792 to 1750 BCE.

he was known for his surviving set of laws inscribed on a diorite stele in babylons temple of Marduk

which country is mesopotamia now

iraq

when and where was hammurabi in rule

in babylon fri’m 1792 bce to 1750 bce

what did hammurabi create that so significant

the code of hammurabi: one of the oldest collection of laws in human history which consists of hammurabi’s legal decisions

expand on hammurabi’s code

the actual code of law was divided up into groupings, which helped people to find and read the laws that were relevent to them

why is hammurabi’s code important

it told archaeologists a lot about the lives of the ppl of babylon in mesopotamia: contains some important ideas like; having people provide evidence of a crime, being innocent until proven guilty, protection for the weak and vulnerable

where was hams code

carved on the diorite stele, a picture of king ham being given the laws from the babylonian sun god shamash,and 282 case laws including economic, family law, criminal law, and civil law

give a reason the downfall of the babylonian empire occurred after hams death

1. ham was a strong and smart king, and after he died, the kings after him couldn’t manage the empire he’d built since it was too big and hard to control, then enemies like the Hittites attacked and the empire collapsed after ham died

name 3 things that hammarabi tried to improve for his ppl, how would this advantage him

1. justice and fairness(code of ham) — helped keep order and made ppl trust his leadership

2. trade and economy (infrastructure) — made kingdom richer which gave him power and resources

3. religion and unity (built new temples) — gave him religious authority so ppl saw him chosen by the gods

politically, what did ham aim to do with his neighbours and why

established treaties with the most powerful nation in mesopotamia so he could have peace and safety

describe some similarities between hams system of law and ours today

• written laws — ham carved in stone and ours in the constitution which r both accessible to the public

• rule of law — applies to everyone (though hams law punishments were varied by class)

• focus on justice and order — both designed to maintain order and protect individuals

what type of gov COULD hammurabi’s have been and explain

absolute monarchy (king has total power and no one could vote him out or challenge his rule)

define democracy

means ‘ruled by the people’. ppl can take part in the decisions that affect the way their community is run

examples of a criminal law from 1750 BCE

• eye for an eye

• if a son should strike his father, his hands shall be hewn off

what date was australia federated

january 1, 1901

who were the key people in australia’s federation

• Henry Parkes — first proposed a ‘federal council body’ in 1867 at Tenterfield, NSW but the british representative for the colonies said no

• edmund barton — first prime minister in australia

reasons for federation

• national pride — the majority of the colonised population wanted to be recognised as australian

• there’d be one army, postal service, and one rail gauge

• remove taxes on goods when crossing borders, allowing for free trade between colonies

• colonies could share natural resources

• aussies wanted to influence the rules or laws that affect them, instead of the british

• they could implement consistent laws on immigration

reasons against federation

• poorer colonies thought the rich colonies wouldn’t listen to them and would take control

• rich colonies didn’t want to share their wealth and resources with poorer colonies

• it would take some time and many important decisions would need to be made

• poorer colonies like the existing tax system as they made money by taxing goods

who were the british colonies in order

1. nsw

2. van diemens land (tas)

3. wa

4. sa

5. vic

6. qld

who were the nationalists

they wanted to define australia as a country instead of a group of separate states

by whom when and where was the idea federation first OFFICIALLY proposed

• henry parkes first proposed a ‘federal council body’ in 1867 at tenterfield NSW

• australia’s first commonwealth parliament was held in melbourne on jan 1 1901 and the first prime minister was edmund barton

which countries ideas were used in the development of australia’s parliament and for what

• switzerland — referendum

• usa — constitution

• britain — westminster structure of having two houses (bicameral) of parliament

describe civil war

violent war between groups of the same country

define federate

to unite or cause to unite in a federal union

describe constitutional monarchy

a democratic system where a monarch is head of state but mostly symbolic, real gov power lies with elected leaders under a constitution

describe representative democracy

representatives r elected by the ppl and entrusted to carry out the business of government

which australian state was founded first

nsw

which state is not in the preamble of the aus constitution and why not

wa since the constitution was still being finalised in 1900 and wa hadn’t yet agreed on joining federation

4 principles of australia’s government

1. gov must protect the rights and freedoms of the individual (eg freedoms of speech, expression, assembly, religion)

2. govs must make laws that reflect the views and values of the ppl (representatives r chosen by the ppl they voting at elections and r expected to work for their ppl in the community (constituents))

3. govs must be accountable to the ppl (if ppl no satisfied they wont vote for the gov again and gov/members will lose power)

4. there must be a separation of powers (so no single group or body within our system has ultimate power they’re all equal: judiciary, executive, and legislative parliament)

what r the three separate branches of australia’s government

LEGISLATURE(parliament): makes and amends the laws of the country

• can remove judges for misconduct and pass laws to override court decision (judiciary)

• can refuse to pass laws they find unacceptable (exectutive)

EXECUTIVE(PM, cabinet, GG): manage the country’s laws

• implements laws passed by the legislature (legislature)

• appoints judges to the courts (judiciary)

JUDICIARY(high court and other courts): judges the country’s laws

• can declare actions of the executive as unlawful (executive)

• fan make unconstitutional laws invalid (legislature)

define separation of powers

The separation of powers is a system that divides the government’s responsibilities into three separate branches to make sure no one branch becomes too powerful. Each branch has its own roles and powers.

when was the universal declaration of human rights created and who by

developed by all current members of the united nations in 1945 (after the horrors of WWII) and formally produced in 1948. the document aims to enforce individual rights and freedoms regardless of any form of discrimination

why was the universal declaration of human rights created

so fundamental human rights will be universally protected.

• to prevent future atrocities (after wwII where millions were killed and tortured)

• to promote peace and justice (create a common standard and peace between countries)

• to recognise the dignity of all ppl(everyone’s born equal regardless of race age gender religion etc)

examples of human rights

• all ppl r born free and equal

• everyone’s entitled to the same rights and freedoms

• everyone has rhe right to life

• everyone is equal before the law

• everyone has rhe right to be presumed innocent until proven guilty

• no one should be subject to randomly being arrested detained or exiled

• a person from another country has the right to seek and be given asylum from persecution

• no one should be subject to torture or slavery

what year was the un founded and why was it created

1945 to find shared solutions that benefit all of humanity

examples of the united nations

UNIFEF(united nations children’s fund): health , education, and protection of children around the world

WFP (world food programme): delivers emergency food aid to people in crisis like war natural disasters and famine

what was the magna carta and when was it created

a legal document created in 1215 that is considered the first document that guaranteed the rights of the average citizen.

it set the grounds for english common law and later the US constitution and the bill of rights. australia’s (english) laws r also based on the magna carta principles through britains occupation

why was the magna carta created

created under pressure from the barons of the then king, King john, after his ppl stood up against him and his unfair method of rule. it stated that the king wouldn’t impose his will on any citizen and that “freemen” couldn’t be punished except through the law

define rule of law

the principle that both the gov and citizens know the law and are ruled by it. means that the law applies to everyone, regardless of their position or status .

in australia, it limits the powers of gov, businesses, and citizens and protects citizens against the use of arbitrary piwer(autocratic decisions not based on law)

key elements of the rule of law

1. a person can’t be found guilty of an offence that wasn’t a law when they committed the act - (retrospective laws)

2. everyone’s innocent until proven guilty (- (presumption of innocence) - in a fair and public trial

3. citizens can’t be punished, or their rights affected, unless a court has decided a law has been broken (no vigilantism)

4. the gov can be challenged about its actions by the media, citizens, and through the courts (held to account)

5. all citizens are given ‘natural justice’ - (procedural fairness)

6. laws r regularly and independently reviewed, updated or removed to ensure they remain fair and up to date to meet the changing needs of society (reflect social values) (separation of powers)

5 key principles of the rule of law / types of laws in aus

1. fairness: legal system must apply to everyone equally

2. rationality: we need to understand our laws. they must be clear and able to be followed

3. predictability: laws must have clear consequences so citizens know what could happen if they break them

4. consistency: apply to everyone equally, applied the same way for similar cases to achieve similar outcomes

5. impartiality: judges are free from government influence (sep of powers) and the legal profession, as a whole, remains impartial(objective). NOT BIASED

4 key principles for punishment

1. retribution: ‘an eye for an eye’. some countries impose harsh punishments(death penalty). australia will NOT follow this principle. criminals in aus still have rights, however a consequence will always be applied for committing an offence

2. society has a responsibility to protect its members: (a prison sentence to remove threat from society) society has the right to be and feel safe, however if an offender has served their sentence they’re free to rejoin society

3. deterrence: punishment is considered to be a deterrent for those considering committing a crime. offenders r often publicly acknowledged with their sentences so community sees what they’ve done and what their punishment was

4. rehabilitation: the legal system has an obligation to rehabilate criminals. society doesn’t want offenders to come out worse than they were when they went in. eg addicts committing crimes to support their addictions so rehab in prison is a better option

what’s criminal law and list examples

the body of law that deals with crime and the legal punishment of criminal offences

• theft, assault, robbery, trafficking in controlled substances, murder, etc

what’s civil law and list examples

deals with the disputes between individuals, organisations, or between the two, in which compensation is awarded to the victim

• landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc

differences between criminal and civil law

• PURPOSE: civil deals with disputes between 2 or more parties in which compensation is awarded to the victim. criminal maintains the stability of the state and society by punishing and deterring offenders and others from offending

• WHOM CASE IS FILED BY: civil is by a private party, criminal is by the government

• DECISION: civil the defendant can be found liable or not liable, decided by judge. criminal the defendant is convicted if guilty and acquitted if not guilty, decided by jury

• type of punishment: civil is compensation (usually financial). criminal is imprisonment or fines or community service

what court is the highest court in aus and what types of cases does it hear

high court:

• interprets the constitution (decides if laws follow rules of australia)

• hears appeals (listens to rlly important court cases again)

• handles big national issues (disputes between states)

what is the burden of proof

the obligation of a party in a legal case to prove the heir allegations or claims. the two key components are:

1. legal (or persuasive) burden — the obligation to prove a fact or issue to the required standard. and

2. evidential burden — the obligation to produce enough evidence to raise an issue for consideration

how does the burden of proof differ between criminal and civil bases

in civil law the claimant must give proof on the balance of probabilities (more likely than not). it’s a lower standard than criminal. however, the burden may shift to the defendant in situations of Res Ispa Loquitur(the thing speaks for itself)

in criminal law , “innocent unti proven guilty” the prosecution must prove the défendent guilty. the accused may bear it for defences. the standard is beyond a reasonable doubt

free card yay

yayyy

australia’s law overrule another country’s laws. true or false

false. each country has their own legal system and sovereignty. aus law only applies within australia or to aussies in certain international situations.

federal laws can overrule state and territory laws. true or false

true.

what’s the structure of the aus government

The structure of Australia’s government is based on a constitutional monarchy and a representative democracy, and it is divided into three levels (local state federal) and three branches(sep of powers legislative executive and judicial)

what’s the levels of aus government

1. Federal Government (national)
   

   • Makes laws for the whole country (e.g. defence, immigration, trade).

   • Based in Canberra.

2. State and Territory Governments
   

   • Make laws for their own state/territory (e.g. schools, hospitals, transport).

   • Each has its own parliament.

3. Local Governments (councils)
   

   • Responsible for local services (e.g. rubbish collection, parks, local roads).

how r laws made

when a bill (a prosed new law or change/amendment to an existing law) is presented for approval, it must travel through many debates in both houses of Parliament b4 it reaches its final ‘approval’ from the Gov General called the Royal Assent. Once passed, the bill then becomes a commonwealth law called an ‘act’

how r laws changed

in aus, the constitution allowed us to to make new or change old laws. not all countries can update laws even if they’re unfair. to change laws in australia we have:

1. Parliament – makes and changes most laws

2. Referendums – used to change the Constitution

3. Courts – can interpret laws in new ways or say if a law is invalid

4. Elections – we vote for people who represent our views and can push for law changes

what’s the constitution

the most important legal document in australia, the rule book on how the country is run. created in 1901 when aus federated, it says how laws are made, roles of pariliament high court and gov general, and how power is shared between federal(defence, immigration) and state governments. only can be changed through referendum

how does constitution work

It explains how the federal government works, how laws are made, and how power is shared between the states and the federal government. It also sets up the roles of Parliament, the High Court, and the Governor-General. The Constitution protects some basic rights and can only be changed by a referendum, which is a national vote by the people.

how can constitution be changed

through a referendum . the majority of aus citizens AND at least 4/6 states must approve the change before its successful. 8/45 referendums were successful

how is the rule of law and punishment applied in other jurisdictions

Rule of Law(in most places):

• Everyone is equal before the law — even leaders must follow the law.

• Laws must be clear, fair, and publicly known.

• People can only be punished under the law — not randomly.

• Courts must be independent and give fair trials.

punishments:

1. In Australia, common punishments include fines, prison sentences, and community service.

2. Some countries, like the United States, still allow the death penalty as a punishment in certain states.

3. In Norway, punishments focus more on rehabilitation than on being harsh.

4. Harsh punishments, like corporal punishment, are still used in some countries with strict religious laws.

5. The goal of punishment is often to deter crime, protect society, and rehabilitate the offender.

what is a jurisdiction

Jurisdiction means the legal power or authority a court or government has to make decisions and enforce laws.

👇 Simple Examples:

• A state court in NSW has jurisdiction over crimes that happen in NSW.

• The High Court of Australia has jurisdiction to decide if laws are constitutional.

• A local council has jurisdiction over local matters like rubbish collection.

🗺 Think of it as the area or topic a court or government is allowed to make decisions about.

how are politics and law connected in australia and in another country

How are Politics and Law Connected in Australia?

In Australia, politics and law are closely linked:

• Politicians (in Parliament) make the laws.

• Laws are based on political decisions and party values (e.g. Labor or Liberal).

• The Constitution and the rule of law limit what politicians can do.

• The courts check if laws made by politicians are fair and legal (e.g. the High Court).

  ✅ Example: A political party may promise to change environmental laws if they win the election.

🇺🇸Connection in Another Country – United States

In the United States, the connection is similar but works under a presidential system:

• Congress (politicians) makes the laws.

• The President can veto laws, giving more direct power.

• Courts, like the Supreme Court, can strike down laws if they go against the Constitution.

• Politics strongly influences which laws are passed, especially on issues like gun control or healthcare

✅ Example: In the U.S., political debates often lead to big court cases about rights (e.g. abortion, voting laws).

🔗 How they’re connected:

• Australia and the U.S. are allies, sharing values like freedom, democracy, and justice.

• They work together on global laws, military alliances (like ANZUS), and international courts.

• They learn from each other’s legal systems and court decisions.

what’s indictable vs summary offence? sentencing, parole, appeal

⚖

Summary Offences

• Less serious crimes (e.g. minor assault, traffic fines)

• Heard in Magistrates’ Court

• No jury, only a magistrate

Sentencing:

• Short jail time (under 2 years)

• Fines, community service, good behaviour bonds

Parole:

• Rare, due to short sentences

Appeal:

• Can appeal to a higher court

• Reasons: harsh sentence or legal error

⚖

Indictable Offences

• Serious crimes (e.g. murder, sexual assault)

• Heard in District or Supreme Court

• Usually has a jury

Sentencing:

• Long jail terms (can be life)

• Depends on seriousness, history, impact

Parole:

• Often allowed after serving part of the sentence

• Must follow strict conditions

Appeal:

• Appeal to the Court of Appeal

• Reasons: unfair trial, legal mistake, harsh sentence

define constitutional law and which court is associated with it

Definition:

Constitutional law is the area of law that deals with the Australian Constitution — the rules about how Australia is governed. It covers things like:

• The powers of the federal and state governments

• How laws are made and enforced

• Rights protected by the Constitution

• Resolving disputes about whether laws follow the Constitution

Court Associated with Constitutional Law in Australia:

• The High Court of Australia is the main court that interprets and enforces constitutional law.

• It decides if laws or government actions are constitutional (allowed by the Constitution) or not.

• Its decisions are final and apply to the whole country.

how to analyse an article

• read it in full

• 3-4 sentence summary of what happened

• date of incident, country/state/territory of incident

• ppl involved - names, jobs

• type of law - civil criminal or constitutional

• human rights abuses? can be for any side

• sentencing outcomes - fair? parole? rehab?

• aggravating factors(weapons)

briefly describe the pathway to federation

During the late 1800s, the six separate British colonies in Australia wanted to unite to become one nation. They held meetings and conventions to discuss creating a federal government. In 1901, the colonies agreed, and Australia officially became a federation with its own Constitution and Parliament.

2 ways australia kept their white aus policy

dictation test and restricting non european immigration

usual path of a bill

1. when a bill is presented

2. 1st 2nd readings in rep house

3. house committee, consideration in detail(optional)

4. 3rd reading in rep, bill passed

5. 1st 2nd committee, committee of the whole, 3rd committee. bill passed in senate

6. royal assent(gov general approving law), bill becomes an act of parliament

7. A LAW FOR AYSTRALIA IS MADE