LEGAL ASSIGNMENT

Legal - Assignment

[Writer's initials]

Legal-Assignment

This Assignment is based on three different scenarios which are based on Australia's Law.

Australian Legal Law Part 1

This paper tends to discuss this issue related to all laws in Australia, which are made by the federal parliament. Based on the English legal system, the Australian legal system is known as a common law legal system, which is in widespread use, particularly in England. Under such a legal system, the law is derived from the courts and parliament. From the two sources of law making, this paper will relate the role of parliament in making laws, the division of law making powers in a federal system, the role of the common law in making laws to show how various parliaments and courts share the role of making law. Lastly, it will illustrate the relationship between the courts and parliament.

Legislating is one of the important functions of parliament so parliament is one of the main primary sources of law in Australia. The Australian Constitution describes the power of the federal Parliament's to create laws: 'The Commonwealth legislative power shall be vested in a Parliament of Federal Governments'. Thus, parliaments have the power to make new laws and update old laws and the laws made by parliament are called Acts of Parliament, statutes or legislation. The laws' systems in particular State are powerful on one another, but are not compulsory. The laws which are passed by the Australian Parliament be relevant to the entire of Australia.

The law-making powers distribution in-between the six States and the Commonwealth is frequently referred to as the separation of powers. The Australian Constitution labels the limits of law-making powers between the States/Territories and the Commonwealth. There are forty areas in the Australian Constitution which the federal Parliament is allowed to legislate. The matters of the law making areas refer to the national interest like: Postal, trade and commerce, services of telephony and services like: taxation, foreign relations, currency, fisheries, marriage, copyright, defence, immigration etcetera.

This is the federal Parliament's elite authority in a small figure of region. It is generally a matter of State laws to matters of state curiosity like: roads and railways, schools and hospitals, utilities such as mining and agriculture, electricity and water supply. The Australian constitution of the Section 52 forbids state parliaments from certain areas legislating. This particular autonomy expands to such areas which relate to the communication and defence. Mostly, the state and federal parliaments, in particular have simultaneous powers. This means that the Parliament of Australia and the state parliaments, both may create laws about the similar belongings e.g. health and roads. Though, the constitution of the Australia's states in the section 109 that if a conflicts in state law exists with a federal law in that case the federal law will succeed.

Moreover, the parliament, and its common law, also recognized as case law is one more main foundation of Australian law. It is the law formed by judges by decisions of similar courts and tribunals except through ...