LAW1112 Chapter Notes - Chapter 9: Susan Kiefel, Susan Crennan, William Gummow
Document Summary
Separation of powers reflected through diff gov bodies involved at diff stages: the rule of law, and the separation of powers also constrains the courts. In australia it is often said that the role of a court is to uphold the law. Includes explanatory memorandum, typically compiled by the member of parliament or. Department that proposed the legislation, and in those jurisdictions with rights charters, a statement of the legislation"s compatibility with relevant rights: reading speeches also made available. Statute law is different from other sources of law. It is different from the aus const - which was enacted by the parliament in westminster, and cannot be altered or repealed by ordinary legislation. It is different from common law - legal rules and doctrines declared by judges over time. Statute law is sub-ordinate to the const: statute law cannot generally override or change the const (except with s 128)
