Seperation of powers

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Description and Tags

legislative, parliament, and executive

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8 Terms

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Legislative

  • create laws, make changes to existing laws, or revoke laws.

  • 2 groups = house of representatives (proposes bills) and senates (examine bills and vote on it).

  • Represents people

  • Oversees government/ executives action

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Executive

  • appoint cabinet members

  • carry out and enforce laws by delivering public services

  • all members are elected by parliament

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Judiciary

  • interpreting and applying law

  • conducting trials and hearings

  • settling disputes

  • uploding rule of law

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Laws that protect human rights are=

statutory law, common law, international law, and constitutional law

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Statue law

  • a law written and passed by parliament (legislative)

  • eg racial discrimination act 1975

  • protects rights by banning unfair treatment on race

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Common law

  • Laws made by judges through decisions in court cases

  • eg Mabo v. QSW in 1992

  • protects laws by setting legal precedent that future cases must follow

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International law

  • Treaties and legal agreements between countries that influence national laws and policies.

  • eg Conventions on the right of the child

  • protects rights by guding Australian law and government policies

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Constitutional law

  • Laws based on the Australian contitution

  • limits government powers and guarentees certain rights

  • eg Roach v Electroral Commisioneer

  • Protects rights by using constitution to limit government power and uphold democratic principle.