MLC101 Lecture Notes - Lecture 1: Obiter Dictum, Ratio Decidendi, Magna Carta
Document Summary
Law is a set of enforceable rules aimed at regulation and ordering the behaviour or relation of people and organisations in society. No-one is above the law comes from magna carta 1215 no free man delay justice . Separation of powers ensures independent judiciary branch. Application of due process fair, balanced and open trial. Public concerned with organisation of government and relationship with people. Private deals with relationships between private persons or organisations. Civil deals with disputes between individuals, businesses and government. Criminal concerns offences that are committed against the state. Commonwealth has concurrent and exclusive powers as defined by section 51 of the constitution e. g. trade, defence, marital affairs. States and territories have concurrent and residual powers (left over or omitted from constitution, allowing states to make laws in these areas) e. g. schools, roads, police. Cases/common law judge made and follows doctrine of precedent. Legislation statutes and delegated legislation - federal, state and local.
