3220 RE Law Week 1 Lecture Slides - Intro to legal system
Page 1: Introduction to the Legal System
Course Title: Real Estate and Property Development Law
Week: 1 Lecture
Focus: Introduction to the Legal System
Page 2: Acknowledgment of Country
Griffith University acknowledges the traditional custodians of the land, paying respect to Elders past and present.
Extends respect to other Aboriginal and Torres Strait Islander peoples.
Page 3: Lecture Overview
Lecture Title: Welcome!
Convenor Information: Details about the convenor.
Topics Covered: Introduction to the legal system, Establishment of Australia’s government, Legislation workshop, establishment of the courts.
Questions posed: What are we covering this week?
Page 4: Contact Information
Convenor: Dr. John Sturgeon
Email: j.sturgeon@griffith.edu.au
Consultation: By appointment
Lecture Schedule:
Wednesday: 2pm to 3pm (via Teams)
Workshops:
Nathan: Wednesday 3pm to 5pm
Online: Thursday 5pm to 7pm (via Teams)
Gold Coast: Friday 2pm to 4pm
Reminder to watch the Course Overview video.
Page 5: Australia’s Beginnings
Introduction to the historical context of Australia.
Page 6: Timeline of the First Australians and British colonization
50,000-65,000 years ago: Evidence of occupation by First Peoples.
1717: Law passed allowing prisoners to be sent to colonies.
1770: East coast of Australia claimed by the British.
1786: Legislation allowing transportation of prisoners to NSW, Norfolk Island, and Bermuda.
1788: Arrival of the First Fleet in Australia. English law imported as it was deemed "settled" and "uninhabited."
Feudal doctrine of tenure brought to Australia.
Page 7: Progression Towards Independence
1823: NSW Act passed; Governor gains legislative power after consulting with Executive Council.
1828: Introduction of trial by jury.
1840s: Separation of Victoria from New South Wales.
1901: Commonwealth of Australia Constitution Act establishes federation.
1930: Statute of Westminster passed; British Government loses power to legislate for Australia.
1986: Australian court decisions no longer appealable to English courts.
Page 8: Significance of History
Exploration of why historical context is important.
Page 9: Origins of the Political System
Examination of the historical roots of Australia’s political system.
Page 10: Early Political System
Pre-1215: Feudal monarch with absolute power.
1215: Signing of the Magna Carta, establishing rights and limitations on the monarchy.
1265: First parliamentary assembly called (early form).
1295: First parliament resembling today's structure convened.
1414: King Henry V's acknowledgment that no new statutes without House of Commons' approval.
King Henry VIII increases Parliament's influence, resulting in the Church of England's formation.
Page 11: Current Political System Structure
Overview of the modern political system.
Page 12: Federal System Overview
Establishment of Commonwealth/federal due to colonies.
Balances unity and regional diversity in governance.
Federal government handles broader issues; state governments manage local matters.
Comparison to unitary systems (e.g., New Zealand).
Page 13: Power Division Between Levels of Government
Questions surrounding jurisdiction and law-making at different government levels.
Page 14: Powers Under the Australian Constitution
Commonwealth (Federal) Parliament vs State Parliaments:
Exclusive Powers: Only exercised by the Commonwealth.
Residual Powers: States have powers not specifically assigned to the Commonwealth.
Concurrent Powers: Shared between Commonwealth and State Governments.
Page 15: Exclusive Powers of the Commonwealth
Section 52: Legislation for peace, order, and government.
Federal powers include:
Spending government funds (s81).
Financial assistance to states (s96).
Customs and excise duty (s90).
Page 16: Concurrent Powers
Powers shared per Section 51:
Includes trade, tax, immigration, external affairs.
Federal law prevails in case of inconsistency with state law (s109).
Page 17: Residual Powers of the States
Powers not mentioned in the Constitution belong to the States.
Delegation from States to Local Governments (Councils).
Page 18: Separation of Powers in Australia
Judiciary: Power to make judgments on law.
Parliament: Power to make and change law.
Executive Government: Power to implement law.
Concept: Separation of powers ensures checks and balances within government.
Page 19: Overview of Australia’s Government Power Structure
Federal and State areas of power categorized.
Reinforcement of the separation of powers principle.
Page 20: Principles Underlying the Separation of Powers
Historical context preventing tyrannical power through established checks and balances.
Magna Carta paved the way to guarantee rights and legislative independence.
Page 21: Principle of Consent to Govern
The notion that people consent to be governed by elected representatives.
Lack of consent leads to electoral change (representatives voted out).
Page 22: The Role of Australia’s Legislature
Supreme Law: Constitution defines the law-making authority of the legislature.
Acts of Parliament regulate specific people and situations.
Acts may allow delegation of law-making powers to other bodies (Regulations).
Page 23: Bicameral vs Unicameral Systems
Bicameral System: Two houses: House of Representatives and Senate.
Unicameral System: Queensland operates as a single chamber without Legislative Assembly.
Governor General acts as the representative of the Queen.
Page 24: Legislation Creation Process
First Reading: Introduction of the Bill by Ministers.
Second Reading: Detailed considerations and negotiations.
Third Reading: Approval process in the House and movement to the Senate.
Signing: Governor General's sign-off resulting in Act of Parliament.
Page 25: Resolving Disagreements in Parliament
Proposed Bill pathways based on House of Representatives and Senate outcomes.
Mechanisms for proposing new elections or joint sittings if disagreements persist.
Page 26: Situations Without Agreement
Outcomes based on legislative progress (either through or failed in either house).
Role of the Governor in calling elections or joint sittings.
Page 27: Aftermath of Non-Agreement
What occurs following the rejection of a Bill in Parliament.
The legislative process can be lengthy and subject to re-evaluation.