In the Australian justice system, the police are an independent body tasked with maintaining peace and safety by enforcing the law. If police officials identify a law that they believe is no longer effective for protecting the community, what action are they legally permitted to take regarding that specific law?
- They must continue to follow and enforce the law as it currently exists, as they do not have the power to change it.Answer
- BThey may choose to stop enforcing the law immediately if they determine it is not in the best interest of the community.
- CThey can submit a formal request to the Governor-General to have the law changed without a vote in Parliament.
Answer
The police must continue to follow and enforce the law as it currently exists, as they do not have the power to change it.
In Australia, there is a clear distinction between the police, who enforce the law, and the Parliament, which makes the law. The police are an independent body, meaning they are not controlled by politicians in their daily work, but they are still required to follow the law as it is written. They do not have the legal authority to change, create, or ignore laws, even if they believe a law is ineffective.
Step-by-Step Solution
Key Concept
The separation between law enforcement (Police) and law creation (Parliament).
Hints
1
Think about the difference between the people who write the rules and the people who make sure the rules are followed.
2
The police are part of the 'executive' side of the justice system (enforcement), not the 'legislative' side (law-making).
Practice More
Review the 'Separation of Powers' to understand how the Parliament, the Executive, and the Judiciary keep each other in check.
Estimated Time:1m 30s