The Australian Legal system.
Australia's legal system is one based on democratic principles and the protection of fundamental commonly held values and beliefs of the community.
Our system of laws has developed over time from:
Legal systems differ from country to country. Australia is a Constitutional Monarchy with the Queen of England as the Head of State, represented in Australia by the Governor General. Australia also operates as a parliamentary democracy. This means that the people elect the representatives to make laws on their behalf. So the people decide who will be the lawmakers.
Our system of laws has developed over time from:
- Rule
- Customs (socially acceptable conduct)
- Religious beliefs
- Codes
- Customary law
- Common law (judgements made by courts over time)
- Acts of Parliament
Legal systems differ from country to country. Australia is a Constitutional Monarchy with the Queen of England as the Head of State, represented in Australia by the Governor General. Australia also operates as a parliamentary democracy. This means that the people elect the representatives to make laws on their behalf. So the people decide who will be the lawmakers.
Functions of law.
The two main functions of law are to:
How do we achieve social cohesion?
- Establish and maintain order
- Facilitate social progress within culturally diverse society
How do we achieve social cohesion?
- By providing laws that identify and reinforce the social, moral, economic, religious, and political values of society which may from time to time be subject to change
- By setting the standards of acceptable conduct and setting sanctions for unacceptable conduct.
- By establishing dispute settling mechanisms to resolve disputes between individuals, or between the state and individuals
- By acknowledging the need to change laws in response to our changing, evolving society.
- By establishing laws that acknowledge and uphold the rights of individuals and groups, while at the same time promoting welfare and interests of society as a whole.
Types of law
There are two types of law in our legal system:
Statute Law
Common Law (Case law, Judge-made law)
Statute Law
- Made in parliament
- Applies to everyone
- Recorded in Statutes (Act of Parliament)
- Superior to Case law
Common Law (Case law, Judge-made law)
- Made in courts (based on precedent)
- Applies to those who seek to use it
- Recorded in Law Reports
- Overridden by Statute Law