Who makes the law?
In Australia laws are made in one of three ways:
- Statute Law: created by parliaments. Parliament is the body that we elect, so the the Queensland Parliament is made up of the local members who were successfully elected in the last election.
- Delegated Law: laws that are made by the Executive government. This includes the Prime Minister, ministers, and government officials.
- Common Law: Developed by the Judiciary through court decisions.
The power of the executive and the judiciary is constrained. Parliament holds the authority to overrule delegated law and enact statutes that override common law.
Law Made by Parliament
Laws enacted by Parliament are known as statute law or legislation. This process involves:
- A bill, which is a proposal for a new law or an amendment to an existing law, being presented.
- Approval by majority vote in both the House of Representatives and the Senate.
- Receiving Royal Assent from the Governor-General.
Once these steps are completed, the bill becomes an Act of Parliament.
Law Made by the Executive and Government Officials
Parliament can delegate its law-making authority to others, leading to what is known as delegated law. This delegation typically grants power to ministers within the Executive or to government officials. Delegated law:
- Derives its authority from statute law passed by Parliament.
- Holds the same legal force as statute law but can be enacted or modified without a parliamentary debate.
- Is subject to review by parliamentary committees, and Parliament retains the power to overrule it.
Law Made in Courts
Judicial decisions, referred to as common law, case law, or judge-made law, form another key component of the legal system. This occurs when judges:
- Make rulings based on precedent, which are decisions from previous similar cases.
- Establish new precedents in the absence of applicable past cases.
Common law applies when no relevant statute law exists but is subordinate to statute law. Australia's common law system originates from Britain, named for its universal application to all individuals in society.