Legal Studies Mock IA1 / IA1

What is the separation of powers and div difference between two

The separation of powers doctrine is outlined in the first 3 chapters of the Aus constitution and divides power evenly between three separate arms to stop tyranny. These three arms are the legislature, executive and judicial. Legislative makes, amends and repels laws, executive puts the law into place and then the judicial interprets and applies the laws. This separation of powers acts under a system of checks and balances which ensures no arm can complete legislative control and tyrannic rule. For instance, the judiciary can strike down unfair laws created by judiciary and shadow ministers can openly criticize the action of the executive. Whereas, s52, outlies powers held exlusivly by fed gove such as immigration and defence. s52 is powes which are held concurrently by both fed and stae government such as marriage and education. res isn’t listed. s109 states that sae law is renderd invalid to the extend of inconstancy and fed law prevail

function and role of the high court and mabo vs state case also

The high court operates as the highest court of appeal within aus. It interprets and applies the law in areas of constitutional ambuituity. For example, the high courts adjucation Mabo v Queensland (No 2) was a landmark High Court case that fundamentally changed Australian property law and Indigenous rights.

• It recognised that Indigenous Australians had legal rights to their land before colonisation, overturning centuries of legal exclusion.

• The High Court’s decision set a precedent for Native Title claims, reconciliation, and legislation that respects Indigenous connections to Country.

Principle of representive goverment

The concept of rep gov is central to the aus democratic nation. a rep gov is one eleceted for the people by the people meaning that legislative and the bills they intend are made into laws which are truly reflected of the publics interests. A repsonsible gov means that a reliable system exists by which elected in officials can be judged and held accountable by their consistution. Div sep and rule of law work together to ensure that aus gov remains representive and reponsible. 

Why are laws are required to change and factors that lead to this change?

Laws are required to change to reflect evolving societal values, rectify injustices, and address gaps between existing legislation and contemporary social, economic, or technological realities. Factors prompting legal change include judicial decisions that reinterpret statutes or common law (e.g., Mabo v Queensland overturning terra nullius), social movements advocating reform, technological advancements creating novel legal issues, and international obligations under treaties or conventions. Legislative change ensures the law remains relevant, equitable, and effective, balancing competing interests while promoting justice. Without adaptation, laws risk perpetuating inequality, failing to protect rights, or undermining public confidence in the legal system.

process required to change the aus constitution

In Australia the process to amend the constitution is a referendum, which is listed under s128. A referendum is the only section of the law that the parliament doesn’t strictly have the ability to hold supremacy over, as this process requires a vote of the people. This vote requires a double majority which includes 4 out of the 6 states and 50% of all votes. Of the 44 posed referendums, only 8 have been successful as achieving a double majority requires clear and consistent messaging along with bipartisan support.