Common Law and Statute Law – Flashcards

Common law is law developed by judges, and is made through the interpretation of statute law. A courts decision is legally binding of an inferior court in the same jurisdiction.

Legislation which has been passed through parliament through the passage of a bill.

RESOURCES FOR LAW MAKING - Parliament is an elected and representative body consisting of ministers who call on the specialist knowledge of members of their departments DEMOCRATICALLY ELECTED - Parliament is democratically therefore legislation reflects the will of majority of the people. Governments sometimes delay the passage of a bill in order to get a public reaction COMPREHENSIVE LAW REFORM - Parliament due to being the 'supreme or ultimate authority' it has the ability to undertake an extensive law reform. PROVIDES FOR DEBATE -The legislative process ensures that the views of citizens about proposed changes in the law are debated

DELAYS IN LAW MAKING - Parliament only sits Approx. 40 - 70 days. Meaning that law making and changes to the law can only occur during those days. FEDERAL SYSTEM - Divisions of power can create inconsistencies and confusions between local and state governments. IMPACT ON PARTY POLITICS - Parliament does not always represent the whole of society, meaning they represent their parties instead of the community. IMAPCT OF POLITICAL PRESSURES - Parliament may be reluctant to act on controversial issues due to electoral pressures DELEGATING LAW MAKING POWER - Parliament may now have adequate control over delegated legislation. SLOW TO CHANGE - Parliament may be slow to take action when the law has become out of date.

- Government party policy - Pressure Group activity - Public and media opinions - Individual Parliamentarians - Parliamentary committee - Common law judgements