Common Law Rights of Australia

The common law rights of Australia are based on the common law of England. The law is named as “common law” as to indicate that the law applicable to everyone in the country. The common law system of Australia is also known as Australia’s legal system where both the domestic and international people of the country are treated equally in the country. The government makes sure that fair judgement is provided to all the citizens of the country.

The Australian law system has two parties who present the case against each other while there is a third party who is the judge who presides over the case. However, the witness is not handled by the judge in the adversarial system. The judge has to make the decision based on the discussions and the witnesses that were provided.

Constitution of Australia:

Commonwealth constitution is the first institution of law in Australia at a federal level. Every state in Australia has its constitution, and it consists of federal government, parliament, courts and creation of states. The commonwealth constitution always overpowers the laws made by the state legislature. One the federal government can enact legislation which is given by the constitution.

The division of power in Australia law:

Constitution has the role of dividing the power between the Federal and the state legislatures. Both the state and central government can exercise the powers, but when there is a conflict, the law of the Commonwealth will prevail. Some of the federal powers include interstate trade and commerce power, external affairs power, weights and measures, the influx of criminals, bills of exchange, uniform railway systems, insurances apart from state insurance, marriage and divorce etc.

Executive power:

The executive power is vested upon the Queen of Australia who is represented by the Governor of the country. The legislation is signed by the Governor and the executive council consist of all ministers of the crown.

State Government:

Every state in the country has a parliament, and this includes the two territories as well. The houses are named after the legislative assembly and the legislative council. The Legislative Assembly is often known as the lower house, and the Legislative Council is known as the upper house. The person who leads the government is called a Premier, and you have a preferred form of voting. Whenever there is an overlap between the laws of two states, the Federal law takes precedence. The states also receive GST taxes.

Local Government:

There are about 565 local government bodies in the country which includes regional, metropolitan, rural, indigenous communities etc. Some of the responsibilities for these local governments include infrastructure and property services like building roads, drainage, footpath, bridges etc. Provision of recreation facilities for the people like the construction of swimming pools, sports centres, stadiums etc. The Local government also has to look into the health services and provide basic needs such as water, immunisation, toilet facilities etc.