Deliberations

Government Regulations and the Law

Law & Government Regulations

A state without a government would usually be expected to exist in chaos. It is the underlying function of a government. However, there are essential features of a government that would allow for efficient dispensation of her roles. They include minor bureaucratic operations, established law and principles system, and the establishment of relevant infrastructure agencies.

Generally, the roles of government are

  • Maintenance of law and order
  • Provision of social amenities
  • Protection of lives and property
  • And the improvement of the standard of living through wise economic policies etc.

Specifically, the Australian Constitution lays down each arm of government’s function while also stating their powers. There are three primary arms of government which are the legislature, executive and the Judiciary. Since Australia operates a constitutional monarchy on the one side, the Queen is the head of state and acts through the Governor-general.

The legislature refers to the Senate’s seventy-six seats and one hundred and fifty in the House of Representatives and among which the ministers are appointed. The legislature’s function is to enact laws for the good being of the citizens and the state.

The executive is the ministers formed from the parliament, and the Prime Minister is chosen from the majority party in the lower chamber and is responsible for enforcing laws. There are two major political parties in Australia and several minority parties. The major parties are the liberal party and the labour party.

Between these parties, the party with the most support from the lower chamber forms the government and elects a prime minister among them. Lastly, the Judiciary is the legal arm of government and is charged with interpreting laws and settling disputes. The apex court of Australia is the High Court of Australia.

Furthermore, there is a need to put in place specific regulations to curb man’s excesses in society. Law is an instrument put in place to manage the chaos. They are a set of guidelines that instruct our ways of life in a particular community. In essence, regulations, regardless of the area of life (economic, social, political or environmental), are meant to serve as protection against a bad result.

This subject matter will not be complete without reference to the principle of the rule of law. The theory, as popularised by A.V. Dicey, supports

The Supremacy of the Law

It recognises that the law of the land is supreme. It guides all the practices of the government as well as the citizens. The laws of a country are contained in a constitution.

Equality of All Before the Law

All citizens of a country, regardless of discriminatory factors such as sex, age, social status etc., are considered equal before the law. That is, the law is no respecter of anyone.

Respect for Human Rights

Every man is entitled to a certain level of freedom constituted as rights. Rights are contained in law books (usually the constitution) to have a binding effect.

However, the second principle of the rule of law (equality before the law) seems impossible, considering the locals’ treatment.