Instructions
This worksheet explores the fundamental characteristics of effective laws and the two primary ways laws are created in Australia: through Parliament (Statutory Law) and through the Courts (Common Law).
- Read the instructions for each section carefully before answering.
- Complete all activities, starting with the matching task and moving toward the open-ended challenge.
- Write your answers clearly in the spaces provided.
Section 1: The Characteristics of Law
Laws are only effective if they possess certain qualities. Match the characteristic on the left to its definition on the right.
| Characteristic | Matching Letter | Definition |
|---|---|---|
| 1. Must be Known | A. Laws apply equally to everyone, regardless of status. | |
| 2. Must be Enforceable | B. Laws must remain generally consistent over time so people can rely on them. | |
| 3. Must be Binding | C. Laws must be made public and accessible to citizens. | |
| 4. Must be Stable | D. There must be a way to punish those who break the law (e.g., police, courts). | |
| 5. Must be Fair/Reflect Society | E. Everyone must obey the law; it is compulsory. |
Section 2: Comparing Law-Making Pathways
Australian law comes from two main sources. Complete the comparison chart below, defining the key differences between Statutory Law and Common Law.
| Feature | Statutory Law (Parliament) | Common Law (Courts) |
|---|---|---|
| Example (Completed) | The Road Safety Act 2023 regulating speed limits. | The legal concept of negligence that developed through court cases. |
| Source/Creator | ||
| Core Purpose | To create new rules or update existing ones. | To resolve disputes and establish legal rules where none exist, or where law is unclear. |
| Key Term | Act of Parliament / Bill | Precedent / Stare Decisis (Let the decision stand) |
| Mechanism | How a Bill passes through the Houses of Parliament. | Judges making decisions that bind lower courts. |
Section 3: The Statutory Law Process
Statutory Law is created by Parliament. Place the steps of how a federal Bill (proposed law) becomes an Act (actual law) in the correct chronological order (1 is first, 6 is last).
| Step | Order (1-6) |
|---|---|
| Royal Assent (The Governor-General signs the Bill into law.) | |
| First Reading (The Bill is formally introduced to the first House of Parliament.) | |
| Second Reading and Debate (Members discuss the merits and principles of the Bill.) | |
| Proclamation/Commencement (The new Act officially begins operation on a set date.) | |
| Passage in Second House (The Bill is passed, possibly amended, by the second House.) | |
| Committee/Detailed Consideration (A smaller group examines the Bill clause by clause.) |
Section 4: Common Law and Precedent
Common Law relies on the principle of Precedent, meaning judges must generally follow the legal principles established in earlier, similar cases decided by higher courts.
- Explain, in your own words, why the principle of Precedent is important for the Australian legal system (Hint: Think about fairness and predictability).
- Scenario: Imagine a judge hears a case involving a dispute over digital art (NFTs). No previous law or case precedent exists specifically about NFTs. The judge makes a ruling in favor of the buyer.
What happens to this ruling? How will it affect future similar cases in lower Australian courts? (Use the term binding precedent in your answer.)
Section 5: Challenge and Application (Extension)
Consider the creation of a new law regarding mandatory recycling of electronics (e-waste) across Australia.
If this law were created by Statutory Law (Parliament), what would be its main advantage over a law created by Common Law (Courts)?
Answer Key
Section 1: The Characteristics of Law
| Characteristic | Matching Letter | Definition |
|---|---|---|
| 1. Must be Known | C | C. Laws must be made public and accessible to citizens. |
| 2. Must be Enforceable | D | D. There must be a way to punish those who break the law (e.g., police, courts). |
| 3. Must be Binding | E | E. Everyone must obey the law; it is compulsory. |
| 4. Must be Stable | B | B. Laws must remain generally consistent over time so people can rely on them. |
| 5. Must be Fair/Reflect Society | A | A. Laws apply equally to everyone, regardless of status. |
Section 2: Comparing Law-Making Pathways
| Feature | Statutory Law (Parliament) | Common Law (Courts) |
|---|---|---|
| Example (Completed) | The Road Safety Act 2023 regulating speed limits. | The legal concept of negligence that developed through court cases. |
| Source/Creator | Elected representatives (Federal or State Parliament). | Judges/Judiciary (Resolving specific cases). |
| Core Purpose | To create new rules or update existing ones. | To resolve disputes and establish legal rules where none exist, or where law is unclear. |
| Key Term | Act of Parliament / Bill | Precedent / Stare Decisis (Let the decision stand) |
| Mechanism | How a Bill passes through the Houses of Parliament. | Judges making decisions that bind lower courts. |
Section 3: The Statutory Law Process
| Step | Order (1-6) |
|---|---|
| Royal Assent (The Governor-General signs the Bill into law.) | 5 |
| First Reading (The Bill is formally introduced to the first House of Parliament.) | 1 |
| Second Reading and Debate (Members discuss the merits and principles of the Bill.) | 2 |
| Proclamation/Commencement (The new Act officially begins operation on a set date.) | 6 |
| Passage in Second House (The Bill is passed, possibly amended, by the second House.) | 4 |
| Committee/Detailed Consideration (A smaller group examines the Bill clause by clause.) | 3 |
Section 4: Common Law and Precedent
-
Explanation: Precedent is important because it ensures that similar cases are treated in a similar way, promoting fairness and consistency. It makes the law predictable, allowing citizens and lawyers to understand how courts will likely rule in the future.
-
Scenario: Since no previous law existed, the judge’s ruling sets a binding precedent for all future similar NFT cases in lower courts within that jurisdiction. This means other judges must follow the legal principle established by that higher court decision until Parliament passes a specific statute or a higher court overturns the ruling.
Section 5: Challenge and Application (Extension)
If the law were created by Statutory Law, the main advantage is that it can be comprehensive and proactive. Parliament can consult experts, debate policy, and create detailed rules for the whole country (or state) before a crisis happens. Common Law is reactive—it can only create law piece-by-piece when individual disputes are brought before the court, which is inefficient for massive, nationwide policy changes like e-waste regulation.