Preview

Commercial Law Case Study

Good Essays
Open Document
Open Document
917 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Commercial Law Case Study
According to the Australian Constitution, the power to make laws vested in the parliament , whilst the power to interpret laws and to judge whether they apply in individual cases, vested in the High Court and other federal courts. In fact, one of the major function of the high court is to interpret the Constitution. For instance, the High Court of Australia may rule a law to be unconstitutional, that is beyond the power of parliament to make, and therefore of no effect. Such a circumstance would be seen by the government as a hindrance. Hence it is the intention of this essay to discuss why a high court decision on the constitutionality of a statute would be seen by a government as a more serious set back to its legislative reform program than a decision by a judge of a State Supreme Court interpreting the meaning of a key provision in the statute in a manner contrary to the government’s intention. The constitution of Australia establishes the federal government by providing for the parliament, the executive government and the judicature which is known as the doctrine of separation of powers or the three arms of government. The principle behind the doctrine of separation of powers is that, in order to prevent oppressive government, the three powers of government should held by separate bodies; the legislature, executive and judiciary, which can act as checks and balances on each other. The judiciary is independent of the other two arms of government. Such independence is one of the most crucial safeguards of a country‘s democracy system. The parliament’s function is to enact law. The courts are bound by statute and by decisions made in previous cases. As courts operate in a hierarchical system, a court is bound by any decision of a higher court. In reference to the appellate structure of the Australian legal system, when the judges made a mistake, the hierarchy of court allows an appeal to a higher court to have an error of law corrected. This also means

You May Also Find These Documents Helpful

  • Good Essays

    (Facts) The State of Georgia has enacted a law requiring contoured rear-fender mud flaps on all trucks and trailers operating within Georgia. Thirty-five other states allow straight mud flaps and Florida requires straight mud flaps.…

    • 429 Words
    • 2 Pages
    Good Essays
  • Good Essays

    If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer…

    • 571 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    In order to determine the integrity of the recruiter and the CEO, we first need to understand what integrity is. The term integrity is used in the business literature to describe different leadership traits. David Bauman highlights an example of integrity's multifaceted nature provided by Bill George who is one of the most influential practitioner/writers on leadership today (Bauman, 2013). In his book Authentic Leadership George writes,…

    • 1652 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    B. Under the terms of the contract, the Petroleum Corporation agreed either to sell and…

    • 866 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Case Law Study

    • 270 Words
    • 2 Pages

    I. FACTS: Helen, age 17, falsely presented an identification card showing her age as 22 to a motorcycle dealer. She persuaded him to sell her a motorcycle on credit because she did not have the money to pay cash. Helen drove the motorcycle away and a few days later, returned it to the dealer stating that she voided the contract. The dealer states that she cannot void the contract because (a) she had misrepresented her age and (b) the motorcycle was damaged.…

    • 270 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Under a federal system of government powers are divided through a bicameral parliament which consists of a monarch and two houses the senate and the House of Representatives. Further more it is split between different levels of government, commonwealth, state and local. The constitution allocates certain powers and responsibilities to the Commonwealth government. All remaining responsibilities are handled by the States. Further, each state has its own constitution so that Australia has seven separate Parliaments, none of which can effects the functions of any…

    • 908 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Business Law 2

    • 803 Words
    • 3 Pages

    I am aware that you are wanting to go into business because of your love of natural ice cream. I would like to discuss with you the various types of business entities that exist and the pros and cons of each. Specifically, I will discuss: Limited Liability Company and C Corporations.…

    • 803 Words
    • 3 Pages
    Satisfactory Essays
  • Best Essays

    [ 14 ]. Tony Blackshield and George Williams, Australian Constitutional Law and Theory (Federation Press, Fifth ed, 2010)…

    • 2525 Words
    • 11 Pages
    Best Essays
  • Powerful Essays

    (i) Civil Law is made up of all the different areas of private law, but excludes laws which define and control criminal behaviour, only concerned with the wrong doing between individuals/parties e.g. the law of contract, Property law.…

    • 1338 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    The Australian Constitution was conceived through the process of Federation in 1901 to unify the states of Australia through one form of decentralised government.1 The Constitution describes a set of principles and fundamental rules that prescribes a division of powers between the Commonwealth and the six member states of the Federation through the Division of Powers Doctrine, and expressly defines a separation of powers between the three arms of government through the Separation of Powers Doctrine. ’The four principles of federalism’ within the Australian Constitution are represented by: a written Constitution; a separation of powers between government branches; an influential Court system; and a distribution of power between the states and the…

    • 2335 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Work Choices Case

    • 4012 Words
    • 17 Pages

    Booker, Keven, Glass, Arthur and Watt, Robert, Federal Constitutional Law: An Introduction (2nd ed, 1998)…

    • 4012 Words
    • 17 Pages
    Powerful Essays
  • Powerful Essays

    For over 100 years now, Australia has operated under its rather prized constitution that is in hindsight evidently lacklustre in respect to individual rights and freedoms. The Australian constitution was thought to be sufficient in regards to rights and freedoms despite the lack of an entrenched bill of rights. However, when one dissects the constitution, it becomes increasingly evident that constitutional implications are not an effective way of protecting individual rights and freedoms, and the only way to achieve this is through a bill of rights.…

    • 2521 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Highcourt

    • 1018 Words
    • 5 Pages

    The source of law in Australia is coming from two resources which are courts and parliament. Courts enact the judge-made law, also called common law, Parliament lays down statutory law. From s109 of the Cth Constitution law, when there is a contradiction between common law and State legislation, common law “prevails”. Common law is stare decisis, it allows judges apply doctrine of precedent to later cases having similar facts. When interpreting the law, courts makes decisions based on doctrine of precedent, however there are no exact two same cases, decisions contains majorities’ subjectivities. Under common law, the decision made by courts follow the hierarchy from local or Magistrates Court & other courts and tribunals to High Court of Australia. From the hierarchy, it illustrates High court of Australia has power over Supreme Court of Appeal and Supreme Court. In another way, High court of Australia has the ability and authority to overturn or refuse applying the ratio or decision of a lower court which are Supreme Court of Appeal and Supreme Court of the same jurisdiction.…

    • 1018 Words
    • 5 Pages
    Better Essays
  • Good Essays

    manner and form explained

    • 5701 Words
    • 23 Pages

    This position has begun to change. The volume of entrenched State constitutional provisions has increased in recent years, particularly in Victoria where there is now an abundance of purportedly entrenched provisions covering subjects ranging from the delivery of water services1 to access to government information.2 Many of these provisions are likely to be ineffective, so it would be dangerous to take them at face value. A much keener analysis is required to determine their effect, if any.…

    • 5701 Words
    • 23 Pages
    Good Essays
  • Powerful Essays

    Senate Reparations

    • 2035 Words
    • 9 Pages

    The High Court of Australia and the Supreme Court of the United States have important roles in determining the federal distribution of powers and acting as ‘Constitutional guardians’. Both courts also exercise their powers as ultimate appellate courts to safeguard liberal rights and to protect their citizens from arbitrary governmental powers under the rule of law. The quality of these courts is underpinned by the ‘impartiality, integrity, and independence’ of the judges, which depends largely on the framework of judicial appointments.…

    • 2035 Words
    • 9 Pages
    Powerful Essays