Latest Posts By Jonathan Tjandra

Legislative function 0

Legislative function

To make or amend laws for the ‘peace, order and good government of the Commonwealth’ (Section 51) The rest of s 51 lists the areas in which parliament may legislate. To make, or amend...

Composition of Parliament 0

Composition of Parliament

43rd Parliament HoR 72 – ALP 73 – Lib 4 – Ind (Katter, Willkie, Oakeshott and Windsor) 1 – Greens Became: 71 72 6 (Slipper and Thomson) 1 Senate 31 – ALP 34 –...

Parliament definitions 0

Parliament definitions

The Judiciary operates ex post facto, or in the past. They interpret the law based on what happened in the past; they cannot change the law to affect the past. To filibuster is to...

Quotes and examples – the Courts 0

Quotes and examples – the Courts

Changing precedent Reversal Byrne v Heller 1964 Shaddock v Parramatta City Council 1981 Norris v. Sibberas 1990 Overruling O’Reilly v. Commissioner of State Bank of Victoria 1982 Baker v Campbell 1983 Disapproval Searle v....

Relevant cases and examples – the Courts 0

Relevant cases and examples – the Courts

Negligence – accept and do nothing Donoghue v. Stevenson (1932) Grant v. Australian Knitting Mills (1936) Negligent Advice – reversal Byrne v. Heller (1964) Shaddock v. Parramatta City Council (1981) Norris v. Sibberas (1990)...

Integrity of the legal system 0

Integrity of the legal system

Separation of powers A way of preventing the concentration of unchecked public power in the hands of a single group Creates limits to political and legal power At the same time, ensures each arm...

Legalism and activism 0

Legalism and activism

Legalism is the strict adherence to the letter of the law rather than an intentionalist or an understanding of how the law should best be applied under different contexts. Judges interpret the law literally. Judicial...

Interactions with Parliament 0

Interactions with Parliament

The Sovereignty of Parliament allows Parliament to override anything the courts decide, if it is enacted. Parliament is the sovereign law making body, mandated by the Constitution and the people to make laws. The...

Changing precedent 0

Changing precedent

Precedent is hard to change, but it can be done by the courts. Parliament, as the sovereign law-making body, has the power to override any common law precedent. Distinguishing A judge may find a...

Precedent 0

Precedent

The process of judges following the previous decisions is referred to the doctrine of precedent. Judges have to follow the decisions of the predecessors. The Latin term is stare decisis, which translates to “stand...

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