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The Australian Legal System Of Australia

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Contents

• Introduction
• Discussions
• Conclusion
• Bibliography Introduction
The Australian legal system was started to develop from the year of 1901. It is mainly based on the British legal system. The foundation of the legal system is the Australian Constitution. The Constitution was developed by the people of Australia who voted for its implementation. This document sets out the original laws of the nation. The Australian legal system is mainly depend on statute and common law.
Statutory Law is law made by parliament. This may be the Federal parliament or the parliament of a State or Territory and Common law is based on English common law in which the judge is acting as an umpire.
The doctrine of precedent plays a
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Appeals from state
Supreme Courts may be heard by the High Court. ("The courts | Attorney-General 's Department", 2017)
Doctrine of Precedent
The doctrine of precedent is an important element on judicial decision making in Australia. The main idea behind the doctrine of precedent is that, when the judge was deciding any cases, must pay proper respect to past judicial decisions. Sometimes this means that judges are bound to apply the reasoning of judges in past cases. The moral value of the doctrine of precedent is the way it serves the political ideal of the rule of law. According to that ideal, institutions of the state, like courts, should strive to ensure that the law is developed and applied in a consistent and predictable manner, so that citizens may order their affairs with confidence as to their rights and duties.
The court system in Australia is known as a common law system. In general, a common law system has trial courts, courts in which cases can be heard on appeal, and a Supreme or High Court. The lower courts are involved in the day to day hearing of cases, such as minor criminal offences like shoplifting, disputes between neighbours, or drug possession. The higher courts generally hear matters of more importance or severity, and the cases that make it all the way to the High Court are ones that have some importance as a matter of law.
All Australian
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