the legal system (question 7 on) Flashcards
1
Q
how do courts interrupt and apply common law principles, what roles do judges play in shaping Australia’s common law
A
common law pricniples are the basis of the legal system, based on 3 principles:
- precedent
- stare decisis
- dualism
The judges make common laws, interpret and apply statute law
2
Q
What are the key features of the Australian Constitution, and how do they shape the country’s system of government and law
A
- the right to vote
- the rule of law, promotes justice, fairness and individual freedom
- separation of powers ( keeps check and balance in institutions of government so none of them has too much power) legislative, executive and the judiciary
- rights, the constitution defines and protects rights
3
Q
sources of international law
A
treaties, customs , and general principles