Lecture 1 BFA601 Semester 1 2018.pptx

Tasmanian government tasmanian government stalemate

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Tasmanian Government . Tasmanian Government .
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Stalemate: the Senate is refusing to pass legislation put to it by the government What happens then? The government can request a dissolution of both houses, an election is held. If the government is returned the two houses meet as one (joint sitting) and the legislation is put to that sitting for a vote. Has this ever happened in Australia? THE AUSTRALIAN CONSTITUTION Double dissolution and joint sitting THE AUSTRALIAN CONSTITUTION Double dissolution and joint sitting
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Executive power is vested with the Crown. The Crown (or rather the representative of the Crown) appoints the PM and various Ministers who form the federal Executive Council Ministers report to the parliament and must act responsibly under the Westminster System THE AUSTRALIAN CONSTITUTION The Executive THE AUSTRALIAN CONSTITUTION The Executive
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The High Court is established as the pre-eminent court of Australia, it hears: Matters concerning the interpretation of the Australian Constitution Disputes between the states Disputes between a state and the Commonwealth Final appeals from state and federal court hierarchies THE AUSTRALIAN CONSTITUTION The Judiciary THE AUSTRALIAN CONSTITUTION The Judiciary
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A common law system uses both statutory law and court made law (precedent). Some law is mostly precedent, while some is mostly statutory. Statutory law can replace precedent at any time because of the sovereignty of parliament (consolidation and codification of various pieces of law) COMMON LAW Introduction COMMON LAW Introduction
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Common law has certain characteristics It uses an adversarial system (though not always!) Certain presumptions exist, eg presumption of innocence before proof of guilt COMMON LAW Introduction cont. COMMON LAW Introduction cont.
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The doctrine of precedent Once a principle of law is established in case law, this will be followed as a ‘precedent’ has been set. Binding precedent: decisions of superior courts must be followed by inferior courts COMMON LAW Common law and precedent COMMON LAW Common law and precedent
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Reference to precedent depends on the reporting of cases A court may be ‘persuaded’ to follow a precedent if not bound by that decision Each case has a main principle: the ratio decidendi (reason for the decision) Comments made by a judge: obiter dicta, may be important as steps of reasoning COMMON LAW Common law and precedent cont. COMMON LAW Common law and precedent cont.
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Eminent courts outside a jurisdiction may make an interesting and new decision which may persuade other courts of the need to change a precedent COMMON LAW Persuasive precedent COMMON LAW Persuasive precedent
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If a wrong decision is made and a new precedent required, the appellant court may overrule the original precedent If a wrong decision is made, but the wrong law has been applied, the precedent remains and the decision is reversed
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