Australia Law Resources

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Submitted By wendykay
Words 841
Pages 4
This essay tend to discuss this issue ' all laws in Australia are made by the federal parliament' . Based on the English legal system, the Australian legal system is known as a common law legal system, which are in widespread use, particularly in England. Under such a legal system, the law is derived from the courts and parliament. From the two sources of law making, this essay will relate the role of parliament in making laws, the division of law making powers in a federal system, the role of the common law in making laws to show how various parliaments and courts share the role of making law. Lastly, it will illustrate the relationship between the courts and parliament.

Legislating is one of the important functions of parliament so parliament is one of the main primary sources of law in Australia. Section 1 of chapter 1 of the Australian Constitution defines the federal Parliament’s power to make laws: 'The legislative power of the Commonwealth shall be vested in a Federal Parliament' (Parliamentary Education Office, 2010). Thus, parliaments have the power to make new laws and update old laws and the laws made by parliament are called Acts of Parliament, statutes or legislation. The systems of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia apply to the whole of Australia.

The distribution of law-making powers between the Commonwealth and the six States is often referred to as the division of powers. The Constitution defines the boundaries of law-making powers between the Commonwealth and the States/Territories. Section 51 of chapter 1 of the Australian Constitution lists 40 areas in which the federal Parliament is entitled to legislate. These law-making areas relate to matters of national interest such as: trade and commerce; postal, telephonic and like services; foreign relations; taxation;…...

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