Process of Law Making in Australia and Canada Essay Example
Do you think that the process of making law in Australia is too complex?
The two main sources of law in Australia are common law and legislation. Before 1850, case law is more predominant than legislation as most parliaments were passive at that time. Since the mid-nineteenth century, there have been an increasing number of statutes, which overrule the common law if both are applicable to the same area.
The process of making common law is not much complex. It includes decisions made by judges and judges’ interpretation about statutes. This kind of law is based on the doctrine of precedent, that is, the judges should follow their decisions and the decisions of other relevant courts in similar cases. There are two kinds of precedents: binding precedent and persuasive precedent. In respect of binding precedent, the lower court has to follow the decision from the higher court in the same hierarchy when the cases are similar. However, in persuasive precedent, the courts do not have to follow other courts’ decisions as they are from the lower courts or courts in different hierarchy.
Legislation, which is more formal than common law, needs a quite complex process to be made. Firstly, a statute law comes from a Bill, a document stating a proposal for a new law or amendment to existing laws. The idea of a Bill can come from many different sources including government departments and any members of parliament. If the bill is proposed by a Minister acting on behalf of the Government, it is called “Government Bill” and a Bill is a “Private Member’s Bill” if the proposer is acting as an individual. A Bill is then sent to the Cabinet, if it is approved by the Cabinet, the Bill is ready to be presented to Parliament.
A Bill becomes an Act of Parliament once it can be passed by both Houses of Parliament: the lower House and the upper House. At federal level, the lower House is called the House of Representative and the upper House is known as the Senate. However, Queensland
The two main sources of law in Australia are common law and legislation. Before 1850, case law is more predominant than legislation as most parliaments were passive at that time. Since the mid-nineteenth century, there have been an increasing number of statutes, which overrule the common law if both are applicable to the same area.
The process of making common law is not much complex. It includes decisions made by judges and judges’ interpretation about statutes. This kind of law is based on the doctrine of precedent, that is, the judges should follow their decisions and the decisions of other relevant courts in similar cases. There are two kinds of precedents: binding precedent and persuasive precedent. In respect of binding precedent, the lower court has to follow the decision from the higher court in the same hierarchy when the cases are similar. However, in persuasive precedent, the courts do not have to follow other courts’ decisions as they are from the lower courts or courts in different hierarchy.
Legislation, which is more formal than common law, needs a quite complex process to be made. Firstly, a statute law comes from a Bill, a document stating a proposal for a new law or amendment to existing laws. The idea of a Bill can come from many different sources including government departments and any members of parliament. If the bill is proposed by a Minister acting on behalf of the Government, it is called “Government Bill” and a Bill is a “Private Member’s Bill” if the proposer is acting as an individual. A Bill is then sent to the Cabinet, if it is approved by the Cabinet, the Bill is ready to be presented to Parliament.
A Bill becomes an Act of Parliament once it can be passed by both Houses of Parliament: the lower House and the upper House. At federal level, the lower House is called the House of Representative and the upper House is known as the Senate. However, Queensland