TASC Legal Studies Level 3 key terms

The principle that everyone, including governments and officials, is subject to the law, and that laws should be publicly known, applied equally, and enforced by independent courts.

The foundational document that establishes how Australia is governed, including the powers of the Commonwealth Parliament, the role of the High Court, and the relationship between the Commonwealth and the states.

The union of the six Australian colonies in 1901 to form one nation under a national Constitution, creating a Commonwealth Parliament while the former colonies became states with their own parliaments.

The division of government into three branches: the legislature makes laws, the executive administers them, and the judiciary interprets and applies them, so that power is not concentrated in one body.

Law developed by judges through decisions in individual cases rather than by parliament. It is recorded in law reports and remains a binding source of law alongside statutes.

Law enacted by parliament in the form of Acts. It is the main source of Australian law and prevails over inconsistent judge-made law, except where the Constitution provides otherwise.

The rule that a court should follow the legal reasoning of earlier decisions by higher courts in similar cases, so that like cases are treated consistently.

The highest court in the Australian hierarchy. It hears appeals from state and federal courts and interprets the Constitution, and its decisions bind all other Australian courts.

A proposed law presented to parliament. It becomes an Act only after passing through required stages in both houses and receiving Royal Assent.

A law made by parliament once a bill has completed all parliamentary stages and received Royal Assent. Also called a statute or legislation.

The formal approval of a bill by the Governor-General or a state Governor, which is the final step required before the bill becomes law.

Rules, regulations or by-laws made by the executive or another body using authority granted by an Act of Parliament, rather than being passed directly by parliament.

Law-making powers shared by the Commonwealth and state parliaments, such as taxation and marriage. If their laws conflict, the Commonwealth law prevails under section 109.

Law-making powers that remain with the states after Federation because they were not listed in the Constitution. Examples include education, health and criminal law.

A provision of the Australian Constitution stating that where a valid Commonwealth law and a state law are inconsistent, the Commonwealth law prevails and the state law is invalid to that extent.

A national vote at which Australians decide whether to change the Constitution. A proposal must achieve a double majority: a majority of voters nationally and a majority of states.

The ranking of courts from lower to higher levels, which determines where a case is heard, which court hears appeals, and which decisions bind other courts.

The authority of a court or tribunal to hear and decide a particular matter, determined by factors such as the type of dispute, the amount involved and the geographic area.

The power of a court to hear a matter at first instance, meaning the first time the dispute is presented to a court, rather than on appeal.

The power of a court to review and decide an appeal against a decision of a lower court, which may involve examining errors of law or fact.

A court model in which two opposing parties present their evidence and arguments before a neutral judge or jury, who then decides the outcome. Australia inherited this system from England.

The obligation on a party to prove its case. In criminal trials the prosecution bears this burden; in civil disputes it generally rests with the plaintiff.

The level of certainty required to prove a case. Criminal charges must be proved beyond reasonable doubt; civil claims must be proved on the balance of probabilities.

The principle that an accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt. It shapes bail decisions, trial procedure and the burden of proof.

A serious criminal offence, such as murder or armed robbery, usually heard in a higher court before a judge and sometimes a jury, after a committal process.

A less serious criminal offence, such as minor theft or some traffic matters, heard and decided by a magistrate without a jury using a quicker procedure.

A group of citizens randomly selected to hear the evidence in a serious trial and deliver a verdict, usually required to be unanimous in criminal cases.

The conditional release of an accused person from custody while awaiting trial or sentence, granted when the risks of reoffending or failing to appear can be managed.

The principle that judges decide cases impartially and free from influence by the government or other parties. Secure tenure and fixed pay help protect it.

An independent public office that decides whether to prosecute serious criminal charges and conducts those prosecutions in court on behalf of the state, separately from police investigations.

Government-funded legal assistance for people who cannot afford a lawyer, provided subject to eligibility tests based on income, assets and the merits of the case.

Basic entitlements belonging to all people, such as freedom of expression, a fair trial and freedom from torture, protected in Australia by statutes, common law and international treaties.

A law that protects specified human rights, such as Victoria's Charter of Human Rights and Responsibilities. Australian charters generally require courts to interpret legislation consistently with rights rather than strike laws down.

The rules and principles governing relations between countries, drawn from treaties and customary practice. Australia usually needs to pass domestic legislation before treaty obligations apply directly in its courts.

The recognition in Australian law of the traditional rights and interests of Aboriginal and Torres Strait Islander peoples in land and waters, based on continuing connection under traditional law and custom.

The 1992 High Court decision that rejected the doctrine of terra nullius and recognised that Indigenous peoples may hold native title rights under Australian law.

The colonial doctrine that treated Australia as land belonging to no one, used to deny Indigenous land rights until it was rejected by the High Court in 1992.

Treating a person or group less favourably because of a protected characteristic such as race, sex, age or disability, contrary to anti-discrimination laws.

The ability to express views and information without government censorship. In Australia it is not absolute but is partly protected through the implied freedom of political communication.

The ongoing process of building respectful relationships between Aboriginal and Torres Strait Islander peoples and other Australians, acknowledging past injustice and working toward recognition and equity.