what is the job of the judicial branch

The judicial branch is responsible for interpreting and applying the law in a fair and impartial manner. Its primary job is to ensure justice is served by resolving disputes and upholding the rule of law. This branch consists of various courts, including the Supreme Court, which is the highest court in the land. Judges and justices within the judicial branch review cases, listen to arguments from both sides, and make decisions based on the interpretation of the law. They play a crucial role in safeguarding individual rights, settling legal conflicts, and maintaining the balance of power within the government.

what is the job of the judicial branch

The judicial branch is responsible for interpreting laws, applying them to real-life situations, and determining whether a law violates the Constitution. The Constitution serves as the highest law in our country. Within the judicial branch, the US Supreme Court holds the highest authority. Comprised of 9 justices nominated by the President and confirmed by the Senate, the Supreme Court hears cases that have progressed through the court system.

The primary role of the Supreme Court is to make decisions on cases that may deviate from the US Constitution. Once the Supreme Court reaches a decision, it can only be altered by a subsequent Supreme Court ruling or through a modification or amendment to the Constitution. This power holds immense significance as it can impact the lives of numerous individuals.

How is a local law made in Australia?

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Under what Victorian legislation are councils given their power?

The powers of the Council are determined by the Victorian Parliament and are outlined in the Local Government Act 2020. Section 811 of the Act specifies the role and powers of the Council, as well as the governance principles it must follow.

According to the Act, the Council has the authority to undertake any necessary or convenient actions in relation to its role (s101). However, this broad power is subject to limitations imposed by the Local Government Act or any other legislation.

The Victorian Constitution recognizes local government as an important level of government, consisting of democratically elected Councils. These Councils have the functions and powers necessary to maintain peace, order, and good governance in each municipal district (s 74A1).

To learn more about the activities of your Council, you can download the “Inside Your Council” PDF (48KB).

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What is England’s common law?

The common law, derived from custom and precedent, was established by King Henry II in the 12th century. It earned its name because it applied uniformly throughout the entire country. The doctrine of binding precedent, known as stare decisis, requires courts to follow and apply principles established in previous cases by higher courts.

Substantive rules, such as the offense of murder, and procedural rules, like court procedure rules derived from the court’s inherent jurisdiction, are encompassed within the common law.

Legislation can supersede or replace common law rules, taking precedence over them. For instance, the Theft Acts of 1968 and 1978 govern offenses of theft, which were originally based on the common law offense of larceny. Similarly, statutes like the Homicide Act of 1957 replaced the original penalties for murder, though not the offense itself.

There are limitations to the extent that common law judges, no matter how creative or activist, can reform outdated laws, especially if they stem from statutes. In such cases, only Parliament has the authority to change the law. The Law Commission, established to review and propose reforms to outdated or inadequate laws, often conducts research and consultations before recommending the need for legislative changes.

What is local government control?

Clear and concise definitions for commonly used urban planning terms

Understanding the Concept of Local Control

In the realm of land use, two highly debated concepts are state preemption and local control. Knowing when and where each takes precedence is crucial in comprehending the politics and governance of planning.

Local control refers to the legal authority held by local governments, such as cities and counties, to establish regulations. Zoning codes and other land use regulations are prime examples of local control, as they are widely utilized tools for implementing land use plans and obtaining development approvals. These codes are typically adopted after engaging with the public at the neighborhood level, making the field of planning deeply intertwined with matters of local control.

Certain jurisdictions grant even more control over land use and zoning decisions to organizations and individuals at a more localized level than city governments. For instance, the city of Portland pioneered a neighborhood involvement system that has been emulated by other cities. However, this system has recently faced criticism for not adequately representing the diversity of communities. Similar criticisms have been directed at a neighborhood involvement system in Minneapolis. In cities like New York City and Los Angeles, hyperlocal planning commissions and advisory bodies at the neighborhood level possess varying degrees of discretionary and advisory powers. Another form of local control is the ability to litigate under regulations such as state and federal environmental laws and the Americans with Disabilities Act.

Local control is often contrasted with state preemption and federal preemption, which grant legal precedence to state and federal levels of governance, respectively. The legal powers of local governments in relation to state and federal authorities are frequently subject to litigation. Cities across the country are engaged in negotiations with state and federal authorities to determine the extent of control local governments have in designing, engineering, and enforcing street safety measures. Some states have even prohibited local governments from implementing public safety tools like traffic cameras and lower speed limits, thereby stripping away local control. In such cases, local governments are compelled to lobby higher levels of government in order to gain any new measures of local control. Canadian cities face similar challenges.

The controversies surrounding local control of traffic cameras exemplify the convoluted political dynamics that arise when special interests challenge the boundaries of local control. Since state preemption and local control are seen as either beneficial or detrimental depending on their relevance to specific issues, expressing an ideological preference for one over the other fails to anticipate the potential for future hypocrisy.

For further reading on the topic, we recommend “City Rights in an Era of Preemption: A State-by-State Analysis” published by the National League of Cities in 2017 (PDF).

Government, Politics, Local Control, State Preemption, Land Use, Land Use Regulations

Conclusion

Under what Victorian legislation are councils given their power?

In Victoria, Australia, local governments are given their power under the Local Government Act 1989. This legislation outlines the functions and responsibilities of local councils, as well as the powers they have to make and enforce local laws. The Act provides a framework for local governments to govern their communities effectively and make decisions that are in the best interest of their residents.

What is local government control?

Local government control refers to the authority and autonomy that local councils have in making decisions and implementing policies within their jurisdictions. It allows them to address the specific needs and concerns of their communities, as they are closer to the people and have a better understanding of local issues. Local government control also promotes democratic participation, as it allows residents to have a say in the decision-making process through public consultations and elections.

What is England’s common law?

England’s common law is a legal system based on judicial decisions and precedents established by courts over time. It is a body of law that has evolved through the centuries and is applied uniformly across the country. Common law principles are used to interpret statutes and guide legal decisions, ensuring consistency and fairness in the legal system. While common law is an important aspect of the English legal system, it is not the sole source of law, as statutes and regulations also play a significant role.

How is a local law made in Australia?

In Australia, the process of making a local law varies between states and territories. Generally, it involves several stages, including drafting the proposed law, conducting public consultations, and obtaining approval from the relevant local government authority. Once the law is enacted, it is enforced by the local council and can be subject to review or amendment if necessary. The aim of local laws is to address specific issues or concerns within a local community that may not be adequately covered by state or federal legislation.

In conclusion, local governments in Victoria, Australia, are granted their power under the Local Government Act 1989. This legislation empowers local councils to govern their communities effectively and make decisions that benefit their residents. Local government control allows for democratic participation and tailored decision-making at the local level. England’s common law is a legal system based on judicial decisions and precedents, providing consistency and fairness in the legal system. The process of making a local law in Australia involves drafting, public consultations, and approval from the relevant local government authority. Local laws aim to address specific issues within a community that may not be adequately covered by higher levels of legislation. Overall, local governments play a crucial role in shaping and governing their communities, ensuring the well-being and prosperity of their residents.