Discuss why a High Court decision that a recently enacted statute is unconstitutional would be seen by a government as a more serious set-back to its legislative reform programme than a decision by a...

Law Assignment Question in Australia 1
Running Head: LAW ASSIGNMENT QUESTION IN AUSTRALIA
Law assignment question in Australia
Law Assignment Question in Australia 2
The recent decision of the high court has been considered as a serious set-back to its
legislative reform program. This decision was related to the enacted statute that it is
unconstitutional for the nation. As per the constitution of Australia, it can be said that the laws
are made and implemented by the parliament of the country (Campbell, Goldsworthy & Ackary,
2006).
On the other hand, the power to apply these laws and regulations on a particular case
have reserved by the court. In addition, the parliament has the power to make and change
anything in the law. The power to understand and to judge the any kind of decisions on the basis
of these laws is protected to the judge, magistrate and the courts. The courts may be at the level
of national, state and local level (Heyns & Viljoen, 2002).
At the same time, the high have the main function to identify the constitution of the
country that is essential to provide the decisions to for any particular and individual case of the
people. For example, the Australian high court may regulate any law and statute to make it
unconstitutional. It is quite beyond the power of the parliament for constitution of new laws
which does not impact on the country (Groves & Lee, 2007).
These kinds of conditions are considered by the governments as a hindrance or ba
ier in
the law. Thus, this is the main intentions of this paper is to determine the reasons behind a
decision of the high court over the constitutionality of a statute that would be observed by the
government as a more serious hinder to its lawmaking reform program. In contrast, the decision
made by a judge of a State Supreme Court understands the sense of a key stipulation in the
statute in an opposing way as per the intentions of the government (Lee & Winterton, 2003).
The Australian government is a parliament based government that is authorized to make
such a new law. For implementation of these laws, the country has the federal government that
Law Assignment Question in Australia 3
supports the parliaments to apply these statutes in the country. The judiciary is also supportive of
the government and the laws and regulations. Generally, the government has mainly three arms.
However, a number of the central options of Australia’s system of presidency (described as
parliamentary or accountable government) aren't set down within the Constitution however
square measure supported custom and convention (Andrew, Irvine & Irvine, 2003).
Parliamentary government means the administrator Government which comes in the
Parliament at an interval. The responsible government means the administrator government who
is accountable to the Parliament. This is often the central element of a Westminster-style
government following the UK model of government in distinction to alternative systems of
presidency, wherever the administrator is kind of separate and ultimately answerable to the
parliament like, within the United States of America (Hosen, 2007).
The Constitution has the power to understand laws and to judge whether or not they
apply in human being cases in the Supreme Court and alternative federal courts. The Supreme
Court is recognized by the Constitution. Alternative federal courts are the unit created by statute
of the Parliament. Courts are the unit appointed by the control and its Governor-General
functioning on the recommendation of the Prime Minister and cupboard. Judges will solely be
aloof from the workplace by the...