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Copy of Sources of Australian law

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David Fong

on 22 January 2014

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Transcript of Copy of Sources of Australian law

Sources of Australian Law
Existed prior to British settlement
Laws of England applied from 26 January1788
Native title - first considered in the Mabo case
Aboriginal Customary Law
The set of legal principles by which Australia is governed
Came into force on 1 January 1901 (Federation)
Describes how Parliament is composed and how it works
Lists powers of Parliament (including the areas in which Commonwealth Parliament can make laws)
Explains the role of the High Court
May only be changed by a referendum
All Acts of Parliament must comply with the Constitution
Download Free App"Constitution" of Australia
The Constitution
Made by judges, inherited from UK
More recent ones are usually called 'case law' or
"Judicial precedent" - Judges must follow decisions in earlier cases in higher courts where the factual circumstances are essentially the same, some precedents are binding whilst others are only persuasive
Subject to statute law (could be overridden by parliament
Common Law
Represents the people of Australia
Makes and changes laws
"Statute law" (also known as 'legislation' or 'Act of Parliament')
Legislative power - Parliament
Executive power - Cabinet
Judicial power (Courts)
Separation of powers
Full transcript