The legal system in Australia is derived from the British system. It has a separation of power.
Separation of Power
- Judiciary (courts) - Interprets the law
- Legislature (parliaments) - makes the law
- Executive (government and public service) - puts the law into operation.
Common law is also known as
judge-made law or case law. It's the unwritten laws derived from the traditional law of England, which has been developed by the courts. (Common Law made over centuries)
The High Court is the highest court in Australia.
The high court can change the outcome of a case they are not bound to determining the outcome of a case by looking at previous cases. The high court can reappraise its decisions in terms of common convenience and welfare of society.
The High Court can reinterpret legal principles, i.e. the High Court can re-adapt laws to suit a changing society.
Why is the concept of Precedence so important for journalists to understand? (Tutorial Question)
Criminal law
Criminal Law acts are wrongs that are considered so serious as to be an offense against the whole community.
Civil Law
Are all the laws that are not covered by criminal law. (from road accidents to libel actions)
Civil actions can be settled by a judge or magistrate alone.
Copyrights (Commonwealth law)
Defamation (State law)
Quasi-Judicial Bodies - Can be a temporary or permanent commission. Staff of investigation and commissioners. They are given the power to interview, record. A report is put together that provides recommendations to the government that is than taken into consideration.
Alternative dispute resolution - Arbitration, negotiation and mediation, cheaper alternatives, no court involved. Not a public case, it's done behind closed doors in a meeting style setting.
Court hierarchies are important to understand because of the Doctrine of Precedent.
Law of Precedent - 'Stand by the thing decided and do not disturb the calm'
