Common law vs Statute Law

• Common law

  Also known as case law, allows judges to render decisions based on the rulings of earlier cases
• Statute law

  Refers to the written law established by the legislative branch of the government
• How common law is made

  • Where there is NO ruling or law, a new precedent is set based on the judge’s ruling.
  • A record of these decisions will be placed in a book called Law reports, which then carry for future rulings.
  • Judges refer to common law where there is no existing law.
  • Statute Law CAN override Common Law.
• What is a precedent?

  A precedent is an earlier law or decision that provides some example or rule to guide them in the case.
• How statue law is made

  • Made by parliament, can be state or federal
  • State parliaments delegates some of its law-making power to local councils
  • Laws that are passed in parliament become binding on all courts and judges and therefore parliament has supreme law-making authority
• When there is a clash in lawmaking

  • Federal overrides state
  • Statute override Common law
  • The high court can overturn a law if it is unconstitutional
• All proposed laws (bills) must be passed by both the Senate and House of Representatives that make up the Commonwealth Parliament.
• The Australian House of Representatives is one of the two houses (chambers) of the Parliament of Australia. It is referred to as the lower house (or legislative assembly).
• The Senate is one of the two houses of the Australian Federal Parliament. It is referred to as the upper house (or legislative council). It consists of 76 senators, twelve from each of the six states and two each from the Australian Capital Territory and the Northern Territory. It shares the power to make laws with the House of Representatives.
• Constitution

  A document that outlines the powers of the parliament and any restrictions to its law-making authority.
• The final step of passing a bill requires the assent (approval) of the Governor General.
• Governor General

  Carries out duties in the name of The King include opening and dissolving the Australian Parliament; commissioning the Prime Minister and appointing other Ministers after elections; giving assent to laws when they have been passed by the two Houses of Parliament.