BLAW10001 Lecture Notes - Lecture 2: Roman Law, Pass Laws, Golden Rule
15 May 2018
School
Department
Course
Professor
Principles of Business Law
• Lecture 1
• Week 2
• Two streams of Western Jurisprudence
o Roman Law
▪ Known as Civil Law
o English Law
▪ Known as Common Law
• History of colonial settlement sees most modern countries have a national law based
on either English law or Roman law
• Australia→ common law country
o Courts themselves can create law
• No comprehensive codes on all law
o Areas of law left alone in order to be developed by the courts
• Law is dynamic rather than static→ constantly changing
o Changes refer to details rather than fundamentally different principles
o Legal system of a country therefore tends to retain its basic principles and
character
▪ Explains similarities with other legal systems that are also based on
English law
o Legal change must be brought about by a body with a recognised law-making
power
• Law-making bodies in Australia
• Courts
• Legislature and local government councils
o (and Government ministers and officials with specified powers)
• Laws made in the form of legislation is the most prolific source of new law in most
modern countries
o Introduced Consumer Protection Law in recognition that Common Law did
not acknowledge approach of consumers, firms, etc.
• Exclusive power S. 52- Commonwealth can only pass law related to that matter
o Print money
o Admit new states into commonwealth
o Banking, telecommunication, postal service
o Trade between foreign bodies
• States can also pass matters related to S. 51
o Therefore, legislature is shared
▪ Ko as ourret shared poers S. 51
• Laws can coexist if there is no contradiction in legislature between state/ territory
and Commonwealth
o If there is an inconsistency, Commonwealth law will prevail
find more resources at oneclass.com
find more resources at oneclass.com
• Anything not listed in S. 51 (concurrent power) or S. 52 (exclusive power), then
only states can still pass those laws
• Territories have power to pass laws on anything, however, Commonwealth can
overrule (unfretted discretion)
• Local governments
o Established by state and territory governments
o Hae speifi poer to ake -las
▪ These will be invalid if they are inconsistent with state or federal law,
or if they exceed the powers given to the local government
• The Legislative Process
• Must-know
o Steps include
▪ Bill
▪ Explanatory Memorandum
▪ First, Second Reading of a Bill
▪ Debate
▪ Passes both houses of parliament (house, for unicameral systems)
▪ Royal Assent (by Governor General)
▪ Commencement
• Bicameral- two houses of parliament
• Unicameral- one house of parliament
• Drafting a New Law
• Government proposals for a new law are considered by Cabinet to settle any
policy issues
o Cabinet consists of Ministers with some sort of portfolio
• Bill must be approved by both houses
find more resources at oneclass.com
find more resources at oneclass.com
