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What is common law in australia?


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Wiki User
2012-04-14 04:57:21
2012-04-14 04:57:21

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Statute law and common law are the two types of laws in Australia. Statute law refers to the legislation passed in parliament. Upon approval by parliament, statute law becomes common law. Common law emanates from the judiciary, and they are laws passed by juries and judges.

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Australia's legal system was basically adopted from the British legal system along with common law.

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Most countries use Civil Law, but Common Law is used in England (Not all of the UK!), the United States, Canada, Australia, Ireland and India.

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Australia's legal system is based on the British legal system (as Australia is a commonwealth country). This is a distinctly different system than that originating from the Roman empire; the Civil law system. It should be noted that these SYSTEMS are different from the CATEGORIES of law in Australia; common law and civil law. For this purpose, common law refers to the law of the courts made by judges through precedent. Civil law is the type of law between individuals and citizens, as opposed to criminal law where it is the individual v the state.

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The parliament is responsible for statutory law making. The judiciary is responsible for making common law or 'judge-made law'.


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