Understand " Common law (aka case law)"

The Parliament of States in Australia is ent itled to legislate on any matter for the peace, welfare and good government of the people of the States in Australia. There is no principle of separation of powers in the State constitution nor i Proclamations and notices New proclamations or notices are oft en required before an Act can be brought into operation. Some are also requir ed regularly as part of the day-to-day operation of complex legislative schemes. A proclamation or
Understand Common case Apart from legislation there is another set of laws called the ‘common law’.

The common law’ is the law made by the
courts by means of the decisions they Design in the cases they Determine. Sometimes it is called ‘case law’. Legislation and the common law exist side by side.

Legislation prevails over the common law if there is a conflict between them. However, the common law can and Executees affect legislation and legislation can and Executees affect the common law.

Some of the law on how to interpret legislation (aka statutory interpretation) is in the common law. As common law stems from courts’ decisions in cases, decisions on how to interpret legislation will usually relate to only the provisions of the legislation which the cases involved. But they may contain general statements on how to interpret legislation.

The result is there are some cases that can be used whenever interpreting legislation and others that each relate to only a particular provision.


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