Civil Law Foundations

Question 1

What are the five rights in the Australian constitution?

Answer 1

the right to vote (Section 41),
protection against acquisition of property on unjust terms (Section 51 (xxxi)),
the right to a trial by jury (Section 80),
freedom of religion (Section 116)
and prohibition of discrimination on the basis of State of residency (Section 117).

Question 2

What are the three levels of parliament responsible for making laws, and what is their law called?

Answer 2

1. Federal (Commonwealth) Parliament
2. State and territory Parliaments
3. Local authorities (councils and shires)

Law made by federal and state parliaments is known as statute law, councils and shires make local laws (by-laws) for their communities.

Question 3

What is common law, who makes it, and where can you find it?

Answer 3

Common law is made by judges.
Common law is not written down in an Act of Parliament. It is, however, written in law reports and textbooks. You must read cases to find out the common law.