1. The Legal System

Law

Law

A set of rules imposed on all members of a community that are officially recognized, binding, and enforceable by persons or organizations such as the police and/or courts.

Customs

Collective habits or traditions that have developed in a society over a long period of time.

Justice

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved.

Procedural fairness/natural justice

The body of principles used to ensure the fairness and justice of the decision-making procedures of courts.

Rule of law

The principle that nobody is above the law, ensuring governmental authority is used in line with written, publicly disclosed laws.

Anarchy

The absence of laws and government, often arising in situations like revolution or natural disasters.

Tyranny

Rule by a single leader holding absolute power in a state, often characterized by severe punishments for citizens who break the laws.

Common Law

Law made by courts, historically common to England, developed through traveling judges and provided precedents.

Equity

The body of law that supplements common law and corrects injustices by applying principles of fairness.

Jurisdiction

The power or authority of a court to hear and decide a case, based on geographical area or the nature of the matter/case.

Delegated Legislation

Laws made by authorities other than parliament, delegated the power by an Act of parliament, involving 'less important' laws that parliament does not have time to draft, consider, and pass.

Division of Powers

The distribution of legislative powers between federal and state parliaments, with s51 specifying federal legislative powers and s52 outlining exclusive powers of the Commonwealth Parliament.

Separation of Powers

The division of government responsibilities into distinct branches to prevent the concentration of power, involving the legislature, executive, and judiciary.

High Court

The highest court in Australia established to deal with constitutional matters, with original and appellate jurisdiction, and the power to interpret the constitution.

Aboriginal and Torres Strait Islander Peoples' Customary Laws

Diverse laws based on oral traditions, rituals, and kinship, passed through generations, influencing land ownership, dispute resolution, and family relationships.

International Law

Laws governing relations between countries, sources include international customary law, treaties, legal decisions, and writings.

State Sovereignty

The legal authority of an independent state to govern its political affairs without foreign interference, impacting the enforcement of domestic and international laws.

United Nations

Established to maintain global peace, facilitate international cooperation, and develop key areas of law, with roles in peacekeeping, human rights, and dispute resolution.

Courts and Tribunals

Bodies responsible for settling disputes between states, interpreting international law, and providing legal decisions, such as the International Court of Justice.

Classification of Laws

Categorization of laws into public law (governing relations with the government), criminal law, administrative law, constitutional law, and private law (civil law).

Law Reform

Process of changing laws to reflect changing social values, justice concepts, and technology advancements, involving agencies like law reform commissions, parliamentary committees, and mechanisms like courts and parliaments.

Changing Social Values

Refers to the evolution in societal beliefs and norms over time, such as the shifting perception of gay marriage from being considered immoral to being accepted.

New Concepts of Justice

Involves the transformation of ideas regarding justice, like the change in views on the death penalty and medieval punishments, which were once deemed acceptable but are now seen as unjust.

New Technology

Encompasses advancements like AI and social media laws that impact various aspects of society and require legal adaptation to regulate effectively.

Agencies of Law Reform

Entities like law reform commissions and parliamentary committees that work independently to investigate issues, propose legal changes, and enhance the legal system's efficiency and fairness.

Law Reform Commissions

Independent bodies at state and federal levels, such as the Australian Law Reform Commission (ALRC), established to modernize laws, harmonize legal frameworks, and improve justice by recommending legal reforms and eliminating outdated laws or practices.