the legal system

Law

A set of enforceable rules made by a sovereign power to regulate society.

Customs

Traditional practices passed down through generations; not legally enforceable unless adopted into law.

Rules

Guidelines for conduct within specific groups; not enforceable by the state.

Values and Ethics

Beliefs about what is right and wrong; influence the creation of laws.

Just Laws

Laws that are fair, apply equally, and uphold human rights.

Nature of Justice

Involves fairness, equality, and access to legal processes.

Procedural Fairness

The right to a fair trial, including impartiality, transparency, and the right to be heard.

Rule of Law

Everyone is subject to the law, including lawmakers and government officials.

Anarchy

Absence of laws or government, leading to disorder.

Tyranny

Rule by a single authority with absolute power, often oppressive.

Common Law

Judge-made law developed through court decisions and precedent.

Statute Law

Laws made by parliament; overrides common law when both apply.

Constitution

The foundational legal document that outlines the structure and powers of government.

Delegated Legislation

Laws made by non-parliamentary bodies under authority given by parliament.

International Law

Treaties, conventions, and agreements that influence domestic law.

Aboriginal and Torres Strait Islander Customary Law

Traditional laws based on kinship, land, and spirituality; increasingly recognised in certain legal contexts.

Public Law

Governs relationships between individuals and the state.

Criminal Law

Deals with offences against society.

Administrative Law

Reviews decisions made by government agencies.

Constitutional Law

Concerns the powers and structure of government.

Private Law (Civil Law)

Governs relationships between individuals.

Contract Law

Agreements between parties.

Tort Law

Civil wrongs, such as negligence.

Property Law

Ownership and use of property.

Law Reform

The process of updating laws to reflect changes in society.

Law Reform Commissions

Independent bodies that research and recommend changes to laws.

Parliamentary Committees

Investigate issues and propose reforms.

The Media

Raises public awareness and pressure for change regarding laws.

NGOs

Advocate for specific legal changes.

Courts

Develop common law and interpret statutes.

Parliament

Passes new laws and amends existing ones.

United Nations & International Bodies

Influence domestic law through treaties and conventions.

Terra Nullius

The false legal doctrine that Australia was 'land belonging to no one' before British settlement.

Mabo Case (1992)

Overturned terra nullius; recognised the land rights of Aboriginal and Torres Strait Islander peoples.

Native Title Act 1993

Created a legal framework for Indigenous Australians to claim land rights.