The Australian Legal System - Unit 2

(Note: Page was last updated April 2006)

Sources of Law: Parliament and the Courts

By Mrs M Paterson

In this Unit, the foundations and history of our legal system are examined. A more detailed discussion of the Court system which applies these laws is also included.

1. The Reception of English Law
  • Indigenous Law
  • English Law in Australia
    		• 6. The Development of Parliament and the Doctrine of Parliamentary Supremacy
  • Parliamentary Sovereignty
  • Parliamentary Sovereignty in Australia

    • 2. The Historical Origins of Courts as a Source of Law- The Common Law

  • The Development of the Precedent System
  • Reporting Cases
    		• 7. Delegated Legislation
  • Authorisation
    • 3. Common Law and Equity
  • The Development of Equity
  • The Law of Trusts
    		•   8. The Role of the Courts in Interpreting Legislation
    4. Hierarchy of Courts, State and Federal
  • Jurisdiction in a Federation
  • Civil Jurisdiction - Victoria
  • Criminal Jurisdiction - Victoria
  • Commonwealth
  • Cross-Vesting of Jurisdictions
  • The Privy Council
    		• 9. The Contemporary Relationship Between the Courts and Parliament
  • The Courts and the Other Branches of Government
  • The Courts and Legislation
  • Parliamentary Criticism of Judges
    • 5. Common Law - The Doctrine of Precedent 10. The Special Position of the High Court
  • The Highest Court of Appeal
  • Justices of the High Court
    • 11. Further readings