Introduction to the Australian Legal System

Introduction to the Australian Legal System

• The Australian legal system comprises a system of rules made by the state, enforceable through prosecution or litigation
• Legal rules are created by the legislature (parliament) or the judiciary (courts)
• Prosecution pertains to criminal law infractions, while litigation relates to civil law breaches

Fundamental Legal Concepts

• Categories of Law:
  • Substantive law outlines rights and obligations between individuals and the state, and between individuals.
    • Public law concerns the relationship between individuals and the state. This includes constitutional law (governing the relationship between the government and citizens), administrative law (holding administrative bodies accountable), and criminal law (defining criminal offences and penalties).
    • Private law concerns the relationship between individuals within a community. This includes tort law (remedied for harm), contract law (enforceable agreements), and property law (personal and real property).
  • Procedural law regulates the legal process (e.g., civil litigation, criminal prosecution).
• Law and Extrinsic Standards:
  • Natural law theory posits an inherent relationship between law and external standards (e.g., morality, ethics). Law should adhere to these standards for validity. Natural law theorists often believe the law and these standards are inextricably linked.
  • Positivism argues that a law’s validity stems from its source and not its alignment with any external standards or values.
• Law and Liberal Values:
  • Liberalism prioritizes individual freedom, reason, rights, equality and private property
  • Harm principle suggests government intervention is only justified to prevent harm to others.
  • Classical liberalism generally favors minimal government intervention.

History of Australian Law

• First Nations Australians and the Law:
  • The 1992 Mabo v Queensland (No 2) High Court decision overturned the doctrine of terra nullius (no prior inhabitants).

Australian Legal System

• Key Characteristics:
  • Rule of Law: Implies equal application of laws to all and protection of legal rights.
  • Democracy: Citizens participate in law creation and selection of representatives.
  • Common Law Legal System: Legal principles derived from judicial decisions.
• Constitutional Monarchy: The Commonwealth and States are governed by the monarch, represented by the Governor-General, State Governors and Territory Administrator
• Federation: Australia comprises a federal government. Power is shared between a central government and state/territory governments.
• Separation of Powers: Australia’s governing power is divided among the legislative, executive, and judicial branches of government. The legislature (parliament) makes laws, the executive (government) implements them, and the judiciary (courts) interprets and applies them

The Sources of Law

• Legislation: Law passed by parliaments (statute law)
• Case Law: Law derived from judicial decisions (common law or precedent). Judges follow previous decisions to maintain consistency.
  • Binding precedents: Judges must follow prior rulings from a higher court in the same court hierarchy
  • Persuasive precedents: lower courts may consider but are not obligated to follow previous rulings from other jurisdictions or a lower court in the same system

Court System

• Federal: Federal Court of Australia, Federal Circuit and Family Court of Australia → High Court of Australia
• State and Territory: Supreme Court (generally highest), District/County Court, Magistrates/Local Courts → (relevant appellate courts)

Case Law and Precedent (II)

• Ratio Decidendi: The legal reasoning on which a court's decision is based; it's the part of the decision that creates a binding precedent for future cases.
• Obiter Dicta: Statements made by a judge that are not legally necessary to the decision; not binding but can be persuasive in future cases.

Australian Constitution

• Structure: The Australian Constitution is divided into chapters and sections.
• Exclusive powers: Powers vested solely in the Federal Parliament (e.g., imposing customs and excise).
• Concurrent powers: Powers shared between Federal and State parliaments (e.g., taxation).
• Residual powers: Powers vested in the States (e.g., education, health) as not specifically allocated in the Constitution.

Explore the fundamental concepts of the Australian legal system, including the structure of laws created by the parliament and judiciary. This quiz covers key categories such as public and private law, as well as their implications on individual rights and state relations.