ABSTRACT
It is absolutely essential that the above areas be understood before commencing on any substantive topics of law, such as contract or trade practices.
Australian law, historically, has been based upon the adoption of the English statutory and common law. However, since 1901, the federation of the Commonwealth of Australia has resulted in the development of a separate body of law being formed. The legal system of Australia is still based upon a common law system, with its roots derived from the English system of the rule of law. That is, laws must conform to a minimum standard of fairness in content and procedure. Professor Dicey, during the 19th century, formulated that the law has absolute supremacy over governments. Official actions must be done in accordance with the law and no person can be punished unless there is a breach of the law. For this to work the laws must be published, public and available. Naturally, all people are to be equal before the law and the rights of citizens must be enforceable through
You should be familiar with the following areas:
• The framework of Australian law • The classifications of business laws • The classification of legal actions and processes • The choice of remedies and sanctions • The court system • The dispute resolution system
the courts. The rule of law is also connected to the concept of the separation of powers within the constitution. The legislature, the executive and the judiciary should be kept apart to enable the rule of law to operate effectively.
