LLB104 Lecture Notes - Lecture 4: Judicial Activism, Judiciary Of Australia, Responsible Government
Document Summary
Emphasis placed upon common law" or law made by judges. Contracted with civil law legal systems (rely on codified law) Judge decisions are less likely to be recorded/published. Australia is a representative democracy, founded in the liberal democratic tradition. Citizens vote for officials who represent them when engaging in legislative and executive aspects of governments. The will of the majority and decision-making power of the elected representatives are constrained by the rule of law and by a constitution that emphasises and protects individual rights. The judiciary interprets, applies and enforces law. Australia is a monarchy because the head of state is a king or queen. Constitutional monarchy because the monarch holds their position not by for or arms but according to the will of the australian people as expressed in the. The australian monarch does not reside in australia therefore they are represented by the governor-general.
