How Laws are Made:

Common Law
 There are two ways of making laws:

i) Laws written down before hand –

statute laws or Acts of Parliament
Introduction:

ii) Laws developed by judges when new

issues in cases are heard – common
law
How it
started….
The justice system in both
Australian and England is based
on common law. In the medieval
ages, there were various
methods to prove one's
innocence or guilt. There was
trial by ordeal and trial by
combat, which was not even
close to being fair.
King Edward II decided that everyone
should be tried by the King’s court.
This court travelled around to hear
cases by judges. Judges started
keeping records of cases and would
look back upon decisions when similar
cases were heard.
Common
Law:
Common law continues to be used Derived from judicial
decisions in court
today. Sometimes there are cases
which have not been heard before
and no existing law covers it. A
judge will have to make the
decision with out any help from
previous court cases. These are
placed in books called Law Reports
so that they can be referred to
when needed and are known as legal
precedents.
 Precedent: Statute
Laws are
Judges will give similar decisions in cases that are alike. This is those made
known as the act of precedent. This helps the legal system achieve by
fairness and justice as similar cases are dealt with in the same way. Parliament

Statutory Interpretation:

Laws made by Parliament use difficult language to try to explain what the
law means and to try to cover all possible legal situation. Parliament is the
only one who can change laws, but the court tries to interpret what these
words mean.
Once a judge has interpreted the meaning of a word or phrase, that
meaning become law and must be followed by other judges in the lower
courts.
How Laws are Made:
Statute Law
The beginnings
of parliament:
The Parliamentary system of
government originated in England. In
1215, King John was forced to sign the
Magna Carta and promise to speak to
his lords to discuss important matters.
Also, to have ordinary citizens elected
to discuss maters in their
communities. That is why England has
the:
The House of Lords
The House of Commons
King John and the Magna Carta
Statute Law:
Laws created by parliament have the highest status
and must be obeyed by all people. Federal
parliament makes laws on issues that affect all of
Australia. This is known as Federal or
Commonwealth Parliament.

The NSW Parliament (Macquarie St, Sydney) makes

laws applicable to the state only.
Once each law has been passed, it is binding on all
courts and judges.
Federal & State Constitutions:
Each parliament has a constitution which outlines the powers of the
parliament and any restrictions it has in terms of law-making. The
constitution is like a rule book for how parliament operates, and the
country is governed.

The state governments retain the power to make laws unless the
Constitution has given the power to the federal government. The States
and the Federal government can get in disagreement over who has power
over certain laws. This then is decided by the High Court. The
Australian Constitution (Section 109) outlines if there are
uncertainties of who has jurisdiction, then the Commonwealth laws will
apply.
Australian Constitution
How Laws are Made - Courts
How a Bill
Becomes a
Law?
How Laws are Made - Parliament
 Name the TWO
Who determines Define the term
ways which laws are
common law? precedent.

Revision
made.

Questions – Distinguish between

common law and
Describe what
statutory
What is a

in your
constitution?
statute law. interpretation is.

book What does section

109 of the
What are the THREE
different names for
Australian laws made by
Constitution state? parliament?