How is common law changed?
Thanks for your question, Joshua.
Common law is made by judges in a court, using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. If no past cases with similar circumstances exist, a new decision is made, which would then become a precedent for a future similar case. If no statute law – law made by Parliament – applies to cover a particular situation, common law will apply; however, statute law always overrides common law.
Australia inherited its system of common law from Britain. The name comes from the idea that common law applied to everyone in society, not just those—such as religious ministers—who had particular rules relating to them.
The High Court of Australia
DPS Auspic
The High Court of Australia
DPS Auspic
Description
The High Court of Australia in session in the High Court building in Canberra. The High Court interprets and applies Australian law and decides cases about national issues, including challenges related to the Australian Constitution.
In the courtroom, the 7 High Court Justices sit along a large semi-circular desk atop a small raise at the end of the room. The Justices preside over High Court proceedings, interpret laws and decide major legal cases.
In front, facing them, is another curved desk. Here, 18 barristers are sitting, most are wearing robes and wigs. A barrister is a type of lawyer who speaks on behalf of people or organisations in the courtroom. They present arguments and answer questions posed by the Justices.
Permission should be sought from DPS AUSPIC for third-party or commercial uses of this image. To contact DPS AUSPIC email: auspic@aph.gov.au or phone: 02 6277 3342.