LAWS104 Lecture 6: LAWS 104 - WK 6 - CASE LAW
LAWS 104 - LEGAL READING, WRITING & READING
Wk. 6 – Case Law
Common law, is the law developed by judges
Legislation has largely replaces case law as the main source of law in
Australia, however it is important that you understand the role of case law in
interpreting legislation
The interaction between case law and legislation is an ongoing discussion,
which commences now.
Each case decided by the courts represents the solution to a particular dispute
between the parties.
When judges make decisions they are concerned primarily with the case
before them.
Rules and Precedence
In our common law legal system rules are generally implemented through
legislation
However, judgments, the decisions of judges, can often involve the
development of rules systems, which we call legal doctrine
Judgments are often precedents
Example: Donoghue v Stevenson [1932] AC 562
Interaction
These two ways of making law mesh together
Rules are of general application; they are forward looking
Precedents are based on specific factual situations that have already occurred;
they look back
Rules establish a framework and precedents fill the gaps. Scott Beattie, The
Law Workbook (The Federation Press, 2010)
Julia Black, ‘Regulatory Conversations’ (2002) 29 Journal of Law and Society
163:
Regulation takes the form of regulatory conversations. The ‘exchange back
and forth between rule and precedent, between parliament and court, is a key
area in which legal development takes place.’
Beattie, 87
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Laws 104 - legal reading, writing & reading. Common law, is the law developed by judges. Legislation has largely replaces case law as the main source of law in. Australia, however it is important that you understand the role of case law in interpreting legislation. The interaction between case law and legislation is an ongoing discussion, which commences now. Each case decided by the courts represents the solution to a particular dispute between the parties. When judges make decisions they are concerned primarily with the case before them. In our common law legal system rules are generally implemented through legislation. However, judgments, the decisions of judges, can often involve the development of rules systems, which we call legal doctrine. Example: donoghue v stevenson [1932] ac 562. These two ways of making law mesh together. Rules are of general application; they are forward looking. Precedents are based on specific factual situations that have already occurred; they look back.
