Laws are not directly made by judges in the Australian system of law. Instead, judges decide on cases brought to them, which in term creates a precedent (An act in the past which may be used as an example to help decide the outcome of similar instances in the future - http://en.wiktionary.org/wiki/precedent). This precedent is then used by judges in the future, when they face a similar case. This form of law is known as common law.
While common law is the most prevalent form of law in the Australian legal system, it is over-ridden by statute law(Written law, as laid down by the governing body - http://en.wiktionary.org).
Laws are enacted by the legislature and judicial decisions are made by judges.
Laws and decisions are made in a Dictatorship by a centralized individual. This is also known as the dictator.
civil law
It was a direct democracy where the citizens met in assembly each fortnight and made decisions on laws and other significant matters. These decisions were carried out by a council between meetings. The courts were conducted by large juries who made decisions on guilt and sentencing - there were no judges to interfere.
Common law and case law is derived from previous decisions. There is no law based simply on common sense.
case law
The law as interpreted by judges. Courts are bound by the decisions of higher courts. These laws are not written down, but must be abided by.
The law as interpreted by judges. Courts are bound by the decisions of higher courts. These laws are not written down, but must be abided by.
The possessive form of the plural noun judges is judges'. Example: The judges' decisions are final.
The idea that judges should defer to lawmakers when making decisions is known as "judicial restraint." This philosophy advocates that courts should respect the roles and decisions of legislative bodies, interpreting laws rather than creating new ones. Judicial restraint emphasizes the importance of the separation of powers and encourages judges to limit their own power by upholding legislative intent.
Laws at state level can be made a couple of ways... Statutory law can be made in much the same way the federal parliament would, both houses would pass a bill and the governor would then sign it into law. Case law is made through judges hearing cases before the court and issuing decisions, which builds up a database or sort of precedent.
The judiciary of democratic nations, judges are sworn to enforce and make decisions based on the laws that govern the judicial branch of government in any given country.