Legal Terms

Act of Parliament / Statute / Legislation

a law made by parliament; a bill that has been passed through parliament and has received royal assent

Australian Constitution

a set of rules and principles that guide the way Australia is governed

bicameral parliament

a parliament with two houses/chambers

government

the ruling authority with power to govern, formed by the political party or coalition that holds the majority in the lower house in each parliament

governor

the King’s representative at state level

Governor-General

the King’s representative at Commonwealth level

laws

legal rules made by a legal authority that are enforceable by the police and other agencies

parliament

a formal assembly of representatives of the people that is elected by the people and gathers to make laws

political party

an organisation that represents a group of people with shared values and ideas, and which aims to have its members elected to parliament.

rule of law

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them

access (principle of justice)

all people should be able to engage with the justice system and it’s processes on an informed basis

civil law

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

common law

law made by judges through decisions made in cases

crime

an act or omission that is against an existing law, harmful to an individual or society, and punishable by law

criminal law

an area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them

equality (principle of justice)

people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

fairness (principle of justice)

all people can participate in the justice system and it’s processes should be impartial and open

social cohesion

a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

statute law

law made by parliament

sanction

a penalty imposed by a court on a person guilty of a criminal offence

Cabinet

the group of senior ministers (including PM) who are responsible for making the most important decisions for the government.

Proportional Representation (Senate)

voting system used in elections where seats are given in proportion to the number of votes each party gets (seats match votes)

Preferential Voting (House of Reps)

voting system where voters rank candidates in order of preference and those preferences are used to determine the winner

electorate

a geographic area that elects one or more representatives to parliament

Members of Parliament (MPs)

elected representatives who serve in the federal Parliament. They represent the interests of their constituents and participate in the legislative process.

minister

a member of parliament who is a member of the party in government and who is in charge of a particular area of parliament

supremacy of parliament

the concept that the final law-making power rests with parliament, which can repeal and amend its own statutes and pass legislation to override common law.