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The Role of Law, History, Separation of Powers - Coggle Diagram
The Role of Law
Regulatory function
What we may do
How we should do it
What we cannot do
What we must do
Promotes justice and the rule of law
Law applies to everyone equally regardless of social or political status.
Laws are clear, publicised, stable and just
The process by which laws are enacted, administered and enforced is accessible, fair and efficient
Justice is delivered in a timely manner by competent and ethical judges who are free from interference, particularly from government
Provides rules and structures for dispute resolution
Provide a means for disputes to be resolved by ensuring that the laws are clear & accessible
The courts provide a fair, efficient, open and uncorrupted dispute resolution process
Promotes stability and cohesion
Create laws that the community respects as
being the product of a fair and proper process, untainted by corruption or improper interference.
Reflects basic community values
Reflects current community values and respects the rights of minority stakeholders
History
Pre-European
European Colonisation
Settles or invaded? Terra Nullius
Mabo: Terra Nullius to compensation
Native title legislation
Separation of Powers
Parliament
Makes laws (statutes)
Judicature
Interprets and applies the law (common law)
Executive Government
Administers or executes the laws made by Parliament