The Australia Legal System
The Australian Legal System
Introduction
All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials.
Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system.
The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India.
The chief feature of the common law system is that judges’ decisions in pending cases are informed by the decisions of previously settled cases.
Australian law has evolved via many routes: customs of the people, legislation, case law and public opinion. And the major historical sources of law in Australia are the common law, the law of equity, statute based law and the law concerning native title.[i]
Australia is a federation with seven constitutions; one for each of the six States and one for the Commonwealth. These constitutions provide for a parliament for each of the States and a parliament for the Commonwealth of Australia.[ii] The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states. It defined exclusive powers (investing the federal government with the exclusive power to make laws on matters such as trade and commerce, taxation, defence, external affairs,
Introduction
All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials.
Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system.
The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India.
The chief feature of the common law system is that judges’ decisions in pending cases are informed by the decisions of previously settled cases.
Australian law has evolved via many routes: customs of the people, legislation, case law and public opinion. And the major historical sources of law in Australia are the common law, the law of equity, statute based law and the law concerning native title.[i]
Australia is a federation with seven constitutions; one for each of the six States and one for the Commonwealth. These constitutions provide for a parliament for each of the States and a parliament for the Commonwealth of Australia.[ii] The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states. It defined exclusive powers (investing the federal government with the exclusive power to make laws on matters such as trade and commerce, taxation, defence, external affairs,