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Wednesday, April 8, 2009

How Laws Are Made In Australia

For my homework this week I had learn about how laws are made in Australia. This is what I think it is. The two principal sources of law in Australia are case law made by the courts and legislation made by parliaments. Prior to 1850, most parliaments were not very active in making laws. Cases were decided as they came to court and judges published their decisions, including the reason for the decision, in law reports. Other judges could consult these reports and use them as precedents for deciding their own cases. This is what is known as common law.The Commonwealth Constitution gives the Commonwealth Parliament of Australia the power to make laws about certain areas. Defence, immigration and telegraphic services are examples of subjects on which the Commonwealth has the power to enact laws. Road rules, the buying and selling of property and criminal laws in general, are examples of matters that are exclusively within the legislative power of the States. This is because these subject areas are not within the listed powers of the Commonwealth parliament. The Commonwealth Constitution is seen as the fundamental document of empowerment in the Australian political and legal systems.

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