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Australia is a common law system, 1, 2, 3, 4 - Coggle Diagram
Australia is a common law system
have got a combination between judge-made law and statute law that's made by parliaments.
there is a system of precedent that operates there.
lower courts are bound by decisions of higher courts on the same issue.
an important aspect of a legal system is that it's consistent and coherent. People understand what their legal obligations are and they understand what rights they have under the law.
one of the features of a common law system is that you have an interplay between the judge-made law and the parliamentary-made law, the statute law.
the statute law prevails over judges' decisions.
have a system where parliament is sovereign and parliament has a supreme lawmaking power.
usually the way laws are made is through Parliament.
an individual member of parliament or a political party that is in the government is putting forward a bill
that bill will be debated in the lower house
if it successfully passes the lower house, it'll go up to the upper house
if it passes there, it gets approved by royal assent
an assent by the governor-general, the final approval for the law.
one of the fundamental principles is the idea of the rule of law.
everybody is subject to the same legal system
important foundational principle in many legal systems is the idea of separation of powers
the judiciary adjudicates, the executive carries out the law, and the parliament legislates and makes the law.
public law
area of law that governs the relationships between governments.
between the federal govemment and the state government, and also governs the relationships between the government and the individual.
private law
that's the law that regulates people's relationships between each other.
that could be legal persons that might be governing relationships between corporations, or partnerships, or individuals.
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