The Commonwealth

The State

The City of Stonnington Municipal Council

Michael

A wrong against the community

The enforcement of the rights of individuals 

Conflicts which are only covered by statute law 

Conflicts between countries arising out of international law

The level of burden of proof typically employed in the criminal procedure

The rule that is the basis on which the way a civil trial is conducted

The level of burden of proof typically used in civil trials

The standard of proof required in all matters that take place in international courts

The Court may reference this in obiter, but cannot expressly overrule it or set it aside because legislation prevails over case law

Nothing. The doctrines of parliamentary sovereignty states that once Parliament has legislated, no court can override or set aside the legislation

The High Court has the power to set aside legislation if it finds that it is unconstitutional

The High Court needs to refer the matter to the Privy Council in the UK who have the ability to set aside the legislation

The Commonwealth Government may do so, as long as it doesn’t offend against the doctrine of separation of powers 

The Commonwealth Government can do this, but only with the consent of a majority of the State governments, pursuant to the supremacy of parliament doctrine

The Rule of Law states that no man or woman is above the law. The Commonwealth Government cannot enact legislation that exempts its officials' duties to obey the law

The Commonwealth Government is able to pass laws on any matter at all, because of s 109 of the Constitution

Based on the US model of a Presidential Republic

Based on the UK model of Constitutional Monarchy

Based on the civil law system of a written codified set of laws

A system that ensures that the King remains the formal head of Australia

The Premier of each State

The Cabinet

The Governor-General and the State Governors

The Prime Minister

The King is the formal head of State but he is represented permanently in Australia by the Governor-General in State matters, such as this

This is a Commonwealth matter, so the King will be represented by the Governor of Victoria

The "Crown" is commonly used to describe the legal personality of the Government and litigation by the Commonwealth or State governments. It is therefore conducted in the name of the Crown

There is only one "Crown" in Australia - the Crown in right of the Commonwealth. As this is a State matter, it is incorrect to say that the “Crown” is proceeding against her

King John has unlimited power. All governmental functions are exercised by him and his appointed advisers. The King makes legislative instruments and has the ultimate judicial power.

King John is elected. He must represent the interests of his people and be accountable and responsible for any decisions he make. If he chooses to ignore the wishes of his people he risks not being re-elected. 

King John signed a peace treaty after a dispute he had with the Barons. This allows the Barons to force King John to do exactly what they want. King John has very little power.

There has been a recent fundamental change. King John now has to consult the King’s Council before exercising governmental functions. This protects certain individual rights.

Sometimes law and morality are aligned, but not always

All actions which are illegal are also immoral

 All laws are based on morality

All actions which are moral are also legal