Sources of Law?

Where does the law come from in Australia? Who creates the law?

Sources of Law

Legislation

Case Law

Customary/ Religious Law

International Law

Legislation (Statute Law)

The most important role of parliaments is to make laws for their state, territory or the Commonwealth. The parliamentary process of passing of statutes, known as Acts, to deal with regulating various aspects of our society. Example: Extradition Act 1988 (Cth) or Mental Health Act 2000 (Qld)

Passing a Law in the Federal Parliament

http://www.peo.gov.au/multimedia/video/ makingALaw/transcript.html

Activity
Follow the below hyperlink to the Australian Constitution. http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/ Can you find the section of the Constitution which divides up the areas of law which are for the Federal Government? Hint: You can find it in Part V. Categories the following areas of law into State (Queensland) or Federal jurisdiction:

Crime Internet Drug Possession Marriage Immigration Lighthouses Currency Lotteries Trade with other countries Newspapers Postal Service Driving on the Road

Common Law (Case Law)

Law developed through judges applying the law to the particular facts in individual cases. Where legislation does not cover the specific facts of a case, judges use legal principles and decisions made in similar cases to reach a decision. This is becoming less frequent, however, as legislation increasingly covers most areas of law Example: Mabo v Queensland (No 2) and R v Patel (Qld) [2011] QCA 081

The Courts of Australia

Customary Law
Customary laws are passed on by word of mouth and are not codified (nor can they be easily codified). In addition, they are not singular throughout Australia different language groups and clans have different concepts of customary law, and what applies within one group or region cannot be assumed to be universal. There are presently no Religious Laws which are recognised in Australia. Examples: - Native Title (Customary Law) or Shariah Law (Religious Law)

Religious Law
Religious law refers to ethical and moral codes taught by religious traditions. These traditions are then incorporated into the laws of a country, i.e. Sharia Law (Saudi Arabia and Iran)

Where do you find Australian Laws?

Austlii Parliamentary Library Law Library (at universities)