Humanities Term 4


common law

  • Originated in England, developed by judges administering a unified legal system.

  • Courts generate common law by documenting the outcomes of previous court cases and reasoning behind their judgments.


Precedent

  • Imported from England during the settlement of Australia, evolving into an independent legal system.

  • 'Precedent' serves as a foundation for the common law system:

    • A court's reasoning serves as a precedent for future cases, forming a body of case law.

    • Judge-made law emerges through decisions recorded as precedents.


Statutory Law

  • Also known as legislation or Acts of Parliament, created by parliamentary bodies.

  • Statutory law holds precedence over common law.


Process for passing a bill

draft

1st reading in hor

2nd reading- members debate and vote on the main idea of the bill

house committee- public inquiry into the bill, reports back to hor

consideration in detail- members discuss the bill in detail including any changes to the bill

3rd reading- members vote on the bill in its final form

bill passed in the hor and sent to the senate


1st reading in the Senate- the bill is introduced to the senate

2nd reading- senators debate and vote on the main idea of the bill

Senate committee- public inquiry into the bill, reports back to hor

consideration in detail- members discuss the bill in detail including any changes to the bill

3rd reading- senators vote on the bill in its final form

bill passed in the senate


royal assent- the governer general signs the bill

bill becomes an act of parliament


International Law

  • Governs relationships between countries, regulating commerce and promoting peace and security.

  • Criticized for lacking enforcement mechanisms, relying instead on state consent.


Sources of International Law

Treaties Binding international agreements entered into by nations, can be bilateral or multilateral.

Declarations: Non-binding documents that clarify positions on various issues.


Principles of Law in Australia

Key Principles

  1. State Responsibility: The state enforces criminal law and punishments.

    • Aboriginal customary law may attribute responsibility to the victim's family in certain regions.

  2. Equality Before the Law: Legal rights apply to all individuals equally.

  3. Presumption of Innocence: Accused individuals are considered innocent until proven guilty by the state.

  4. Trial by Jury: Involves an impartial group assessing evidence, free from prior knowledge of the case.

  5. Due Process of Law: Assures fair legal processes and respect for rights; non-adherence can justify appeals.

  6. Right to Remain Silent: Limited in some states but generally allows individuals to not provide self-incriminating evidence.

  7. Right to Legal Representation: Legal aid is available for those unable to afford representation, ensuring fairness in legal proceedings.