Modern Law in Australia

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common law. Australia adopted these laws from England upon colonisation, when Captain Phillip declared the land ‘terra nullius’ claiming it under England. Despite, the fact that both common and statue law are enacted in parallel within Australia, they are quite different. Common law and statute law are both made and changed in different ways, they have distinct advantages and disadvantages, they are both effective and ineffective in certain situations, and they have developed into their cotemporary forms through different paths. Through these two laws is the basis of modern Australian law (Legal System, 2014).

Common law, although having a slightly ambiguous meaning, is used to define a system known as case law in which the law is developed through the decisions of courts and judges. Common law has existed in England since medieval times in which the church, landlord, barons and other king appointees formed the court and administrative bodies. During their individual reigns, William the conqueror and Hen...

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...er. Acts of parliament are written in complex terms and their meaning can often be confused. Common law can be used to clarify or interpret statutes. Wherever there is dispute on the meaning or application of legislation, a court can decide and resolve these matters. For example, if a statute states that councils must approve the removal of trees. People may argue over what species of trees or if the tree is dead or not. Judicial interpretation can make decisions on these matters (Milgate P, 2013).

Overall, the law determines how a society or state acts by dictating what the people can and cannot do. However, the law has changed through time and differs from place to place. In Australia, both Common law and Statute law are implemented into the legal system. They serve as sources for Australia’s contemporary law as they were received from the English legal system.