Introduction to Law and Key Concepts and Principle
This guide explores core legal principles in Australia, including sources of law, legislative processes, case law, constitutional structure, Indigenous law the doctrine of parliamentary sovereignty with a focus on Queensland and federal institutions.
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Introduction to Law LLB101: Key Concepts and Principles
Introduction to Law (Queensland University of Technology)
Introduction to Law (Queensland University of Technology)
What is Law?
Law is an enforceable system of government-sanctioned rules which operated within a society to regulate its
conduct.
Explanatory Notes (Qld)/Explanatory Memoranda (Cth)
Explanatory Speech (Qld)/Second Reading Speech (Cth)
Committee Report - Members of Parliament are allocated to different legislative committees, which
can examine Bills in detail and report back to Parliament.
How a law is passed:
1. Most bills come from the government; a minister introduces them.
2. Any MP can introduce a Bill - Private Member's Bill
3. Explanatory notes are included to help explain the Bill.
4. Bill must be passed by the parliament (1 house in QLD, 2 houses for the commonwealth)
5. It gets Royal Assent - signed by the governor (QLD) or Governor-general to become law.
*BILLS WHICH REQUIRE THE SPENDING OF PUBLIC MONEY MUST BE ACCOMPANIED BY A
RECOMMENDATION FROM THE GOVERNOR/GG*
Parts of an Act of Parliament
1. Reprint date (act is current as at this date)
2. Table of contents
3. Long title
4. Short title (s 1)
5. Chapters, parts, divisions, sections, sub-sections, paragraphs, sub-paragraphs (romans)
6. Commencement section (if any - usually s 2)
7. Endnotes (shows history of an act: how and when it has been amended
Example: Crocodile Control and Conservation Bill 2024 (QLD)
E Introduced by a private MP (Shane Knuth).
Aimed to reduce crocodile attacks and protect human life.
C Came with Explanatory Notes outlining the policy reasons (e.g., increased sightings, community pressure).
I Withdrawn after Speaker ruled it breached Section 68 of the Constitution of Queensland 2001 - it created a
spending right without Governor's approval.
L Takeaway: Shows that even if a Bill is well-written, it must follow constitutional procedures to become
law.
Case Law and Courts
Case law is the body of law that has developed through the recording of the
decisions in cases coming before the courts.
Also known as "Common Law", judge-made law, or the unwritten law.
FUNDAMENTAL PRINCIPLES
1. Like cases. Should be decided alike.
2. The courts should decide cases according to the law.
Common law courts follow the principle of stare decisis , meaning they stick to past decisions
(precedents) in similar cases. This ensures consistency, but it can make changing the law slower
unless a higher court overrules or distinguishes a previous decision.
Parliamentary Sovereignty
• Parliament is free to pass laws that are inconsistent with existing common
law principles;
• Judges must accept that any law made by parliament is supreme over
their judge-made law;
• Though judges may still have to interpret that new legislation.
Australia —> common law country —> English heritage model (Common law can mean judge-made law developed
through court decisions, the legal system used in England and similar countries, or historical laws common across
the realm. It contrasts with local customs, civil law systems, statute law. and equity.)
2 Sources of law:
Law made by or with authority of parliament 'legislation'.
Law made by judges 'common law/case law'.
Other sources, custom/lore, comparative law, international law
Legislation & Parliament (Statutes/Acts)
I I Made by or with authority of Parliament.
U Delegated/subordinate legislation - Laws made by someone other than Parliament, but with
Parliament's permission through an Act to save time and let experts or local bodies make detailed rules
that the Parliament doesn’t have time.
U For e.g., local councils —> by-laws
Government departments —> regulations
Officials like Chief health Officer —> public health directions
U They can do this through an enabling act passed by parliament giving them legal authority although it
must follow the limits set by Parliament in the enabling Act— Parliament is still the highest lawmaker.
Advantages of legislation
U Can adapt over time.
H Covers many topics on a wide range of issues.
fl Covers everything in one area.
LI Start date is controlled.
H Democratic - can be made by elected representatives so they reflect the will of the people.
Why use primary + delegated legislation together?
I I Parliament gives the main rules.
LI Experts fill in the details (e.g., government departments or councils can make regulations)
LI Faster changes (delegated legislation can be updates quickly for things that change often)
I I Parliament stays in charge and still watched over the process and can take back power if needed.
Other legislative documents
Bill: name of proposed act to be passed
Law is an enforceable system of government-sanctioned rules which operated within a society to regulate its
conduct.
Explanatory Notes (Qld)/Explanatory Memoranda (Cth)
Explanatory Speech (Qld)/Second Reading Speech (Cth)
Committee Report - Members of Parliament are allocated to different legislative committees, which
can examine Bills in detail and report back to Parliament.
How a law is passed:
1. Most bills come from the government; a minister introduces them.
2. Any MP can introduce a Bill - Private Member's Bill
3. Explanatory notes are included to help explain the Bill.
4. Bill must be passed by the parliament (1 house in QLD, 2 houses for the commonwealth)
5. It gets Royal Assent - signed by the governor (QLD) or Governor-general to become law.
*BILLS WHICH REQUIRE THE SPENDING OF PUBLIC MONEY MUST BE ACCOMPANIED BY A
RECOMMENDATION FROM THE GOVERNOR/GG*
Parts of an Act of Parliament
1. Reprint date (act is current as at this date)
2. Table of contents
3. Long title
4. Short title (s 1)
5. Chapters, parts, divisions, sections, sub-sections, paragraphs, sub-paragraphs (romans)
6. Commencement section (if any - usually s 2)
7. Endnotes (shows history of an act: how and when it has been amended
Example: Crocodile Control and Conservation Bill 2024 (QLD)
E Introduced by a private MP (Shane Knuth).
Aimed to reduce crocodile attacks and protect human life.
C Came with Explanatory Notes outlining the policy reasons (e.g., increased sightings, community pressure).
I Withdrawn after Speaker ruled it breached Section 68 of the Constitution of Queensland 2001 - it created a
spending right without Governor's approval.
L Takeaway: Shows that even if a Bill is well-written, it must follow constitutional procedures to become
law.
Case Law and Courts
Case law is the body of law that has developed through the recording of the
decisions in cases coming before the courts.
Also known as "Common Law", judge-made law, or the unwritten law.
FUNDAMENTAL PRINCIPLES
1. Like cases. Should be decided alike.
2. The courts should decide cases according to the law.
Common law courts follow the principle of stare decisis , meaning they stick to past decisions
(precedents) in similar cases. This ensures consistency, but it can make changing the law slower
unless a higher court overrules or distinguishes a previous decision.
Parliamentary Sovereignty
• Parliament is free to pass laws that are inconsistent with existing common
law principles;
• Judges must accept that any law made by parliament is supreme over
their judge-made law;
• Though judges may still have to interpret that new legislation.
Australia —> common law country —> English heritage model (Common law can mean judge-made law developed
through court decisions, the legal system used in England and similar countries, or historical laws common across
the realm. It contrasts with local customs, civil law systems, statute law. and equity.)
2 Sources of law:
Law made by or with authority of parliament 'legislation'.
Law made by judges 'common law/case law'.
Other sources, custom/lore, comparative law, international law
Legislation & Parliament (Statutes/Acts)
I I Made by or with authority of Parliament.
U Delegated/subordinate legislation - Laws made by someone other than Parliament, but with
Parliament's permission through an Act to save time and let experts or local bodies make detailed rules
that the Parliament doesn’t have time.
U For e.g., local councils —> by-laws
Government departments —> regulations
Officials like Chief health Officer —> public health directions
U They can do this through an enabling act passed by parliament giving them legal authority although it
must follow the limits set by Parliament in the enabling Act— Parliament is still the highest lawmaker.
Advantages of legislation
U Can adapt over time.
H Covers many topics on a wide range of issues.
fl Covers everything in one area.
LI Start date is controlled.
H Democratic - can be made by elected representatives so they reflect the will of the people.
Why use primary + delegated legislation together?
I I Parliament gives the main rules.
LI Experts fill in the details (e.g., government departments or councils can make regulations)
LI Faster changes (delegated legislation can be updates quickly for things that change often)
I I Parliament stays in charge and still watched over the process and can take back power if needed.
Other legislative documents
Bill: name of proposed act to be passed
Court can override law made by parliament only if the proper procedures have not been followed or if
the parliament does not have the power under the relevant constitution to make a law of that nature.
Court cannot say that a law in invalid just because it is a 'bad' law, or the courts would have
preferred a different wording.
Custom can be a source of law, like parliamentary conventions or common business practices. These
may not be legally enforceable but are widely followed and rarely ignored.
HCA (high court of Australia) can be influenced by:
1. Comparative law of other jurisdictions like Canada and US
2. International Law norms and rights (international conventions and treaties e.g., international
covenant on civil and political rights)
Indigenous Australian Customary Law/Lore
the parliament does not have the power under the relevant constitution to make a law of that nature.
Court cannot say that a law in invalid just because it is a 'bad' law, or the courts would have
preferred a different wording.
Custom can be a source of law, like parliamentary conventions or common business practices. These
may not be legally enforceable but are widely followed and rarely ignored.
HCA (high court of Australia) can be influenced by:
1. Comparative law of other jurisdictions like Canada and US
2. International Law norms and rights (international conventions and treaties e.g., international
covenant on civil and political rights)
Indigenous Australian Customary Law/Lore
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