Skip to content

The Australian Legal System

  • by

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 an U.S.-style constitutional framework that was created due to the federal character of Australia. Like many nations legislation is debated and adopted by the legislature that is in Australia is the territory, state in addition to the national parliaments. In Australia, the executive i.e. that is the government, is responsible for ensuring that the new laws are carried out. Judiciary is an 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 appropriate to impose.

What is the reason we have laws?

Without 澳洲 法律 中文, everyone could perform more or less as they would like. In reality, this could mean that those most powerful and wealthy in society could achieve the things they want 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 enable people to live in a orderly and fair way. Some people do not agree on the rules of law however in a democratic system, you have the chance to alter the law when enough people support an organization that is in favor of having the law to be changed.

What is a “legal system”?

The legal system of any nation is comprised of the laws which could be codified (i.e. recorded as statutes) or not codified. Uncodified laws , like English common law mostly taken from cases from the past. Judges interpret laws by examining the history of cases. The courts enforce these laws and render judgments on whether someone has violated laws or not.

Many countries that were conquered by the British are governed by legal frameworks that are based on those of British legal system passed over to the countries. Most of the time, when countries have gained independence from Britain and have a constitution, laws have been passed that specifically meet the requirements of society regardless of whether certain elements that are part of British law remain. British legal system are still in place.

The legal system of Australia is governed by the Australian Constitution. It defines the lines of demarcation among the states as well as two territories, as well as also the federal authorities. In Australia due to its federal character of federal government, the states and territorial governments enjoy the most authority over their laws in place within each jurisdiction. Every state and territory, along with the federal government have the bicameral parliament (lower chamber of representative and Senate) which is where any changes to laws are considered and approved if there is a majority of votes to pass the amendment. Federal law is able to override state laws under certain situations, e.g. when it’s in the interests of the entire nation.

The court system in every state and the territory oversees the majority of the laws for each state and territory, the majority have their foundations upon English general law which was inherited from Britain following Australia became colonized.

Where did what is the Australian legal system originate from?

This Australian law system of justice is a blend of laws inherited from Britain also known as English common law as well as the various statutes enacted by different federal and state governments since the time of federation. Case law, i.e. the law that is interpreted by judges, changes over the course of time as society evolves and various interpretations are given as a result of these modifications.

The laws adopted by federal and state legislatures are reformed in accordance with democratic principles. Elections determine the composition of parliaments and often, the various political parties have their individual preferences regarding modifications to the laws. It is not possible to make massive and drastic changes to law to be introduced each time a new government is elected. In reality many laws are enacted as new laws typically require long .long time before they are finally adopted and, even then, 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 the last 50,000 years or so, Australia was inhabited by indigenous people. Indigenous people created their own laws and rules which defined how they behaved as well as imposed penalties the violation of these laws.

In the early days when Europeans came to Australia in the early 1800s, they considered the land as ‘uninhabited or ‘terra nullius. In the initial two decades in European settlement, indigenous laws were completely disregarded. Initial colonies took place located in New South Wales and Tasmania together with South Australia and Western Australia being settled separately later. Queensland was thought to be part in New South Wales at first. A typical British legislative system in place. After Australia gained its independent status from Britain it became an association and the foundation of the Australian Constitution was established.

The types of laws that are part of Australia’s legal system. Australian legal system

The two major kinds of law in Australia are statutes or codified laws, which are made by the federal and state parliaments , and the uncodified laws that are applied by judges of the system of courts. The statutes are adopted following the debate within the parliament. They are only able to be amended by the parliament. The majority of case law comes in English common law, but it has evolved and changed in the course of time. Although different states might have laws that differ from one but, overall the case law tends be the same in every state.

The principles in Australian legal system Australian legal system

There are four fundamental rules that are a part of the Australian legal system. They are:

legal equality
the right to represent yourself; and

The importance of terminology used in law enforcement

The language employed by lawyers is basically an entirely separate language. Actually, it would be more precise to use a variety of languages, because there are various legal areas that each have their own distinct terminology. For instance, two major legal areas are criminal law and civil law. In Civil law are a variety of areas, like business law as well as personal injury law employment law, and so on. Each law area has its own language however, there are words that are commonly used across the entire legal system.