The constitution of Australia was established in the year 1901 by the federal government in the country. There are six states in the country and based on the legal system the power is distributed between the six states and the central government. The legal system which is followed by Australia was inherited from the British as they the ones who had colonised Australia.
There are two major sources in Australian law, and they are cases and legislation. Cases include the decisions which are made in the court by the judges, and the legislation is the rules which are made by the parliament.
History of Australian legal system:
The legal system of Britain was brought into Australia as the English had set up a Colony in the country during the 1770s and thus the Australian adopted the legal system of the British. When the colonization ended the British gave the rights to the states to develop their laws and policies. In the 19th century, there was a plan to create a central government which would govern the entire nations and have control over all the states. Thus, the Australian constitution was founded in the year 1901 and that marked the beginning the legal system in Australia.
Making of laws:
Laws are made in three ways in the legal system of Australia, and they are statute law which is passed by the parliaments; then you have the delegated legislation where the parliament makes regulations, rules and ordinances. Finally, you have the court which interprets the law and decides cases.
Core Principles:
A country needs to have laws which are based on core principles and without core principles no one would place their trust in the laws which are made. The following are some of the principles of natural justice:
Fairness:
The final judgement must be made as per the rules which are established. For example, a person cannot be punished if you do not have established laws set.
Transparency:
The legal system should be transparent, and there must be no deceit or craftiness which is done behind closed doors. All the laws which are made need to be understood by the citizens and decisions need to be made in front of everyone.
Equality:
Every person in the country must be treated equally and given equal opportunities. The laws are made for everyone, and thus everyone must follow the law. It does not matter if you are from a different ethnic background or if you are financially one of the greatest men on the country if you happen to break the law you are bound to face the consequences.
Right to be heard:
Everyone has the rights to tell the story from their side, and they have the rights to present their views about the situation.