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Subject:
Common Law and Statute Law
Category: Relationships and Society > Law Asked by: kachapol-ga List Price: $50.00 |
Posted:
01 Apr 2005 07:04 PST
Expires: 28 Apr 2005 22:27 PDT Question ID: 503597 |
Hello I have graduated Aerospace Engineering a year ago and today I am involving in law(Australian Law) but I am not Australian and I been here only a few years!!!! Please help me understand about Australia?s law structure particularly in workings of its two sources Common Law and Statute Law with their meaning and implications and how these two sources is made. If it possible I would like to know the impact that each has on the other in the law making process (please keep it simple). In addition, once I have already involve with Aerospace then I would like to know how each impacts on aviation or aviation law Regards |
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There is no answer at this time. |
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Subject:
Re: Common Law and Statute Law
From: lubs-ga on 02 Apr 2005 04:57 PST |
Hi, I'm not a researcher but I'm an Autralian law student at the University of NSW. Australia has 2 sources of law. Common Law is the law made by courts and judges through precedent (ie deciding cases that come before them) and Statute law is legislation passed by State and Federal Parliaments, ie Acts and Regulations. Australia inherited the Common Law from England when we were a colony and it continues to develop through the courts. Some areas of law are primarily common law, others are statute law, it depends whether pariaments have made a lot of law on a particular subject. A lot of criminal law is still common law but specialised areas of law such as aviation would be the subject of both state and federal legislation. Common Law is always overridden by statute law as statute law is law expressly made by the elected legislature. You might want to check out www.austlii.edu.au - the Australasian legal information Institute, it has lots of cases and legislation and you can search specifically for material about avaition law also check out http://www.casa.gov.au/ -the civil avaition safety authority in NSW for aviation regulations in NSW (there are other authorities in other states) Good general knowledge books about the Australian legal system are: Chisholm and Nettheim "Understanding Law" Butterworths 6th ed. 2002 AND John Carvan "Understanding the Australian Legal System" 3rd ed. Lawbook Co 1999 good luck! Luba |
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