Private law includes areas like civil law, labor law, commercial law, and corporations law that govern disputes between individuals or organizations. Public law includes constitutional law, administrative law, and criminal law. Constitutional law establishes the structure and functions of government. Administrative law provides oversight of government decisions and actions. Criminal law defines crimes and punishments to maintain public order and safety.
Private law includes areas like civil law, labor law, commercial law, and corporations law that govern disputes between individuals or organizations. Public law includes constitutional law, administrative law, and criminal law. Constitutional law establishes the structure and functions of government. Administrative law provides oversight of government decisions and actions. Criminal law defines crimes and punishments to maintain public order and safety.
Private law includes areas like civil law, labor law, commercial law, and corporations law that govern disputes between individuals or organizations. Public law includes constitutional law, administrative law, and criminal law. Constitutional law establishes the structure and functions of government. Administrative law provides oversight of government decisions and actions. Criminal law defines crimes and punishments to maintain public order and safety.
Private law includes areas like civil law, labor law, commercial law, and corporations law that govern disputes between individuals or organizations. Public law includes constitutional law, administrative law, and criminal law. Constitutional law establishes the structure and functions of government. Administrative law provides oversight of government decisions and actions. Criminal law defines crimes and punishments to maintain public order and safety.
LABOR LAW = set of standards for working conditions and wage laws. COMMERCIAL LAW = aka trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. CORPORATIONS LAW = body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. COMPETITION LAW = promotes or seeks to maintain market competition by regulating anti- competitive conduct by companies.
PUBLIC LAW INCLUDES:
CONSTITUTIONAL LAW - - A type of public law - Governing the executive, legislative and judicial functions of government - Legislative power is divided between the Commonwealth and the states - Commonwealth Parliament power to make laws with respect to particular topics - When there are inconsistencies between state and Commonwealth legislation, the Commonwealth law will prevail - The case must go to High Court if the Australian Constitution is breached - Cases are heard by one than one judge (called Justices) - Decision are only delivered after much deliberation - Each Justice makes an independent decision on cases. When a decision is not unanimous, the majority decision will prevail - High Court decisions are binding on all courts in Australia ADMINISTRATIVE LAW - What right to a review of their decision does an individual have? Under tax law individuals have a right to review the decision by the Australian Taxation Office. An individual must lodge an objection before going to the Administrative Appeals Tribunal or the Federal Court of Australia for an external review. There must be adequate proof of the claim, as in evident, and one must argue why the decision should have been made differently. - Looks after government powers and the decisions of government organisations - exists to ensure the accountability of the administrative decisions and actions - Not all decision by the Government can be challenged - In Australia, administrative law is complicated due to the different levels of government - There are three ways in which a person can seek a review of a decision made by a government agency - Internal Review = When an individual made the decision a different member or officer of the agency can review the decision. - External Review = A more formal system where the merits of a decision are reviewed by a person or body outside the agency - Judicial Review = Only the courts can provide this review considering whether or not the decision is law. - Government departments have information about appealing against decisions - In NSW appeals against government decisions are heard by, respectively, the NSW Civil and Administrative Tribunal CRIMINAL LAW - - Body of rules - Enforceable by the state - Punish certain acts or omissions - Maintains public safety, individual human rights and general security - Crimes are seen as an act against the community, hence these laws are highly important - Parts of these laws have been reviewed and changed to reflect changes in society over the years. - Although criminal law is the responsibility of the state most states have similar laws - The main criminal law within NSW is the Crimes Act 1900 (NSW)