英语论文网

The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India.

The chief feature of the common law system is that judge's decisions in pending cases are informed by the decisions of previously settled cases.

Consitution of Australia

The United Kingdom passed the Commonwealth of Australian Constitution Act 1900. The significant of the Act was that it created a federal Commonwealth compraising the https://www.51lunwen.org/australiaessay/ Commonwealth of Australia and the states. It also incorporated the constitution which came in to effect on January 1901. The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states Itdefined exclusive powers (investing the federal government with the exclusive power to make laws on matters such as trade and commerce, taxation, defence, external affairs, and immigration and citizenship) and concurrent powers (where both tiers of government are able to enact laws). Thestates and territories have independent legislative power in all matters not specifically assigned to the federal government. Where there is any inconsistency between federal and state or territory laws, federal laws prevail. Federal laws apply to the whole of Australia.

Seperation of powers

Governing Australia needs lots of power. The Constitution says that this power is divided between three groups of people so they can balance each other. Each group checks the power of the other two. This division of power stops one person or group of people taking over all the power to govern Australia.

Legislative power means the power to make laws and is concentrated in the Parliament. Executive power means the power to implement laws and is given to the government. Judicial power gives the High Court power to decide whether laws are legal according to the Constitution.

Division of Powers

The law making powers which are not stated in the constitution as belonging to the commonwealth remains with the state .The powers are divided between the State Parliament and the Commonwealth parliament.There are some areas where both the commonwealth and the states have power to make laws these are concurrent powers,for example ,the taxation https://www.51lunwen.org/australiaessay/ power. The state can however be excluded from these areas if their law are in consistant with those of the commonwealth. Some powers are stated to be exclusive to common wealth. These includes defence powers , the power to impose exercise and customs dudies , the currency, coin age and legal tender power and making of law for the government of a territory.

The commonwealth is irestricted on areas for which it can make laws, the state can make laws on the commonwealth areas as long as they are with in the juristiction of the state,where a commonwealth has not been specifically given a power to legislate, then those remaining powers are exclusive to the states , for instance motor law , Criminal law and contract law. Most business law are made as state laws

The Commonwealth Parl本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。