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Q: Common Law and Statute Law ( No Answer,   1 Comment )
Question  
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
Answer  
There is no answer at this time.

Comments  
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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