The relevance of the rule of law is demonstrated in practice through the application of the following principles: The two main types of legislation in Australia are codified laws or statutes, which are passed by state and federal legislatures, and uncodified jurisdictions, which are interpreted by judges in the judiciary. The statutes are adopted after a debate in parliament. They can only be amended by Parliament. The case law is largely borrowed from English common law, although it has evolved and changed somewhat over time. Although different states may have different laws from each other, jurisdiction in each state tends to be similar. Everyone should have access to competent and independent legal advice; Four main principles are observed in the Australian legal system. Every legal system is unique and the Australian legal system is no exception. It is a combination of English common law and an American-style constitutional framework developed due to Australia`s federal nature. As in most countries, new laws are debated and enacted by the legislature, which in Australia is the state, territory and federal legislature. The executive, i.e.
the civil service, ensures that the new laws are enforced. The judiciary is the arm of the executive, interpreting laws and determining whether someone has broken a law and what sanctions should be imposed. Laws passed by state and federal legislatures change according to democratic principles. Elections determine the composition of parliaments and different political parties generally have their own preferences for legislative changes. It would be impossible to make major and dramatic legislative changes every time a new government is elected, and in practice most laws are retained, while new laws often take a long time to come into force, and even then they may never be passed because bicameral parliaments are inherent. To stimulate discussion about the rule of law in practice, we use our Rule of Law Wheel, which provides a way to imagine the legal principles and traditions that help uphold the rule of law in Australia: the language used by the legal system is almost language in itself. In fact, it would be more accurate to say it in several languages, as there are different areas of law, each with its own terminology. The two main areas of law are, for example, civil law and criminal law. In civil law, there are other divisions, such as commercial law, personal injury law, labor law, etc.
Each area of law has developed its own terminology, although there are also terms widely used throughout the legal system. The judicial system of each state and territory is responsible for the majority of the laws of each jurisdiction, most of which are based on the English common law inherited from Britain after the colonization of Australia. States must fulfil their obligations under international law, whether established by treaties or customary international law. When Europeans arrived in Australia, they judged the land to be « uninhabited » or « terra nullius ». During the first two centuries of European colonization, existing indigenous laws were completely ignored. The first settlements were in New South Wales and Tasmania, with South Australia and Western Australia later colonised separately. Queensland was originally considered part of New South Wales. A typical British legal system has been established. When Australia gained independence from Britain, it formed a federation and the foundations of the Australian constitution were laid.
Australia`s legal system is defined by the Australian Constitution. It defines the dividing lines between the six states and two territories and the federal government. In Australia, due to the federal nature of government, state and territory governments have a great deal of control over the laws that exist in each jurisdiction. Each state and territory, as well as the federal government, has a bicameral legislature (lower house of deputies and senate) in which amendments to the law are debated and passed if there is a majority of votes for the amendment. Federal laws may override state laws in certain circumstances, for example:
