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All About The Australian Legal System

Every legal system is different and the legal system of Australia is no exception. It’s a mix with English common law as well as the U.S.-style constitution that was developed due to the federal character of Australia. As with most nations legislation is debated and adopted by the legislature that is in Australia is the territory, state as well as the federal legislature. Executive, i.e. “the public sector,” is responsible for ensuring that laws are followed out. It is also the branch of the executive, which interprets laws and determines the extent to which someone has violated an act of law, and the penalties that are to be imposed.

Why do we have laws?

Without the law, everyone could accomplish more or less what they would like. In the real world, it will likely mean that the most powerful and wealthy in society would be able achieve much more than they desire as opposed to the less powerful and weaker members of society wouldn’t.

But, it doesn’t occur. Society creates rules and laws that are in the public interest and permit people to live in a controlled and fairly fair way. Some people do not agree to the law of the land however, in a democracy there is always a chance to amend the laws when enough people support the party that would like to see change in the law.

What exactly is a “legal system”?

The legal system in any country comprises the law-making body that can be codified (i.e. made into statutes) or not codified. Laws that are not codified, such as English common law usually taken from cases from the past. Judges interpret laws in accordance with the case history. The courts enforce these laws and decide whether someone has violated laws or not.

Many countries that were established by British possess legal system that are based on those of British legal system that was handed on to them. Most of the time, when nations have gained independence from Britain and have a constitution, laws have been adopted that specifically meet the needs of the people even though parts that are part of British law remain. British legal system are still in place.

The legal system of Australia is defined in the Australian Constitution. It defines the lines of demarcation among the states, two territories as well as that of the Federal Government. In Australia due to being a federal government, state and territorial governments enjoy the most authority over their laws in place within their respective jurisdictions. Every state and territory and the Federal government is represented by an bicameral legislature (lower chamber of representative and Senate) in which changes to the law are discussed and passed when there is a majority of votes in favor of the change. Federal law may override state laws under certain situations, e.g. when it’s in the best interest of the entire nation.

The court system of each state and territories is responsible for the majority of the laws in each state and territory, the majority that are founded upon English legal system, which came from Britain following Australia became colonized.

What is the source of this Australian legal system originate from?

It is believed that the Australian legislation is a blend of laws inherited from Britain also known as English common law as well as the various statutes passed by different federal and state governments since the federation. Case law, i.e. the law which is applied by judges changes over time as society develops and various interpretations are given to reflect these modifications.

Legislation that are passed by federal and state legislatures are reformed in accordance with democratic principles. Elections determine the composition of parliaments, and typically the various political parties have their individual preferences regarding modifications to the laws. It is impossible for dramatic and massive changes to law to be introduced each time a new administration is elected. In reality many laws are enacted as new laws typically require quite long .long period of time to finally approved and could not be passed because there are checks and balances that are inherent in bicameral (two-chambered) parliaments.

The History of the Australian Legal System

For at least 50,000 years, Australia was inhabited by indigenous people. Indigenous people created their own laws and rules which defined how they behaved and imposed punishments the violation of these laws.

As Europeans came to Australia and established their own view of the land as ‘uninhabited or terra nullius. The first two decades after European settlement, the existing indigenous laws were disregarded. First colonies appeared New South Wales and Tasmania and included South Australia and Western Australia separated later. Queensland was thought to be part in New South Wales at first. A typical British law system of justice was created. After Australia was granted autonomy from Britain it became an affluence and the basis of the Australian Constitution was established.

Different types of laws within Australian law. Australian legal system

The two major kinds of laws in Australia are the statutes , or codified laws, which are made by federal and state legislatures as well as the uncodified laws that are applied by judges of the system of courts. The statutes are passed following the debate within the parliament. They are only able to be amended by the legislature. The majority of case law comes in English common law however it has changed and developed in the course of time. While states may have different laws from one others, in the end the case law tends be identical in all states.

The principles in Australia’s legal system. Australian legal system

There are four fundamental principles that govern the Australian legal system. They are:

legal equality
the right to represent yourself; and

Key terms within the 澳洲 法律 中文 system

The language employed by lawyers is essentially an entirely separate language. It would be more precise to use a variety of languages, since there are different legal areas each with their own distinct terminology. For instance, two major legal areas are criminal law and civil law. In the civil legal system, you can find additional areas, like business law and personal injury law, employment law, and so on. Each law area has its own language but there are phrases that are used widely across the entire legal system.