Australia · Overview
The legal system of Australia
A federal common-law system that fuses Westminster responsible government with an American-style written federal constitution. There is no national bill of rights; protection comes from a handful of express guarantees, implied freedoms and statute.
Legal tradition
Australia belongs to the common law tradition. A federal common-law system that fuses Westminster responsible government with an American-style written federal constitution. There is no national bill of rights; protection comes from a handful of express guarantees, implied freedoms and statute.
How power is divided
Chapter III strictly separates federal judicial power; the High Court polices the boundary and may invalidate legislation for exceeding it.
Where law comes from
- Constitution
- Binds the Commonwealth and, through section 109, overrides inconsistent state law.
- Commonwealth and state statutes
- Nine parliaments legislate across the federation.
- Case law
- A single Australian common law declared by the High Court.
- Delegated legislation
- Regulations and instruments subject to parliamentary disallowance.
The legal profession
Admission is state-based but nationally recognised; practitioners may be admitted as barristers and solicitors, with an independent bar in most states.
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