the power to influence law making

individuals (definition_

any natural persons

includes Independent MPs + public servants

excludes partisan MPs, members of the exec. + members of the jud

groups (definition)

either as political parties or pressure groups

political parties

political associations registered with the AEC

associations of like-minded people formed to win seats in prlt. + control exec. power

form govt + control leg power

includes partisan MPs

political groups

associations formed to influence law-making

do not usually seek election to prlt.

exercise political rights + freedoms to exert pressure on govt, MPs or to win court cases

2 ways to influence the law (general)

through courts

through prlt

influencing the law via court

influence the common law + meaning of a statute

achieved by superior + intermediate federal courts

HC cases can influence the CL, statue OR cx

individuals, PPs + PGs must be parties to a case

influencing the law via parliament

most potent law-making institution

statute can override CL + delegated legislative powers to the executive

superior to all other aspects of law except the Cx → control of prlt = more effective way to influence law making

political parties are more effective than pressure groups/individuals since they are powerbrokers of legislative power

types of law and how it is influenced (5)

1. cxal law

2. unwritten cxal conventions (cxal law)

3. govt bills/statute, $ bills + PMBs

4. developing a body of common law

5. declaring the meaning of statute

how cxal law is influenced

formally

• referendums via s128

• initiated by PPs in response to community pressure

informally

• federalism

how unwritten cxal conventions are influenced

by political actors (those who have some form of political power/authority)

how statute/$bills/PMBs are influenced

forming govt → EDoLH → most successful way

forming coalitions is a successful way for minor parties

less effective for the opposition

holding BoP in the Sen is successful for minors/independents

PGs can lobby govt, MPs + PPs to influence statute

PGs + individuals can also write submissions to prlt

how bodies of common law are influenced

individuals, PGs + PPs must have standing order in order to be parties in a case

must convince the court their case should be distinguished from older precedents OR reverse/overrule existing precedent

impact depends on the level in the court hierarchy in which the case was heard

how statutory interpretation is influenced

individuals, PPs, + PGs must have standing order

significance depends on the social, economic etc functions of the statute

characteristics of prlt (4)

democracy

• authorised under ss 7 + 24

sovereignty

• prlt has final authority over law due to having DA

superiority to other law-making insitutions

• statute is superior to CL + executive regulations due to DA

flexibility, responsiveness + proactiveness

• prlt can legislate, repeal + amend legislation

• statutes are future focusing (in-futuro) + general → can develop + respond quickly

characteristics of the courts (4)

authority

• courts rely on deeply intrenched legal maxims + norms that evolve overtime

• reinforced by court hierarchy

apolitical independence

• respect SoP when interpreting statute + CL

• unless interps are unjust/absurd judges will read statute as prlt intends