The Legal System
Students learn about:
1. Basic legal concepts · meaning of law · customs, rules and law · values and ethics · characteristics of just laws · nature of justice: – equality – fairness – access · procedural fairness (principles of natural justice) · rule of law · anarchy · tyranny 2. Sources of contemporary Australian law common law · British origins, including: – development of common law – equity, precedent – adversarial system of trial · court hierarchy: – jurisdiction of state and federal courts statute law · role and structure of parliament · legislative process · delegated legislation the constitution · division of powers · separation of powers · role of the High Court Aboriginal and Torres Strait Islander Peoples’ customary laws · diverse nature of customary laws · spiritual basis, significance of land and water · family and kinship · ritual and oral traditions · mediation and sanctions · relevance to contemporary Australian law international law · differences between domestic and international law · state sovereignty · sources, including: – international customary law – instruments (declarations and treaties) – legal decisions, writings · role of: – United Nations – courts and tribunals – intergovernmental organisations – non-government organisations · relevance to contemporary Australian law 3. Classification of law · public law – criminal law – administrative law – constitutional law · private law (civil law) – contract law – tort law – property law · criminal and civil court procedures including legal personnel · common and civil law systems It is strongly recommended that if possible students should have the opportunity to observe the operation of one or more courts or tribunals in civil and criminal cases. 4. Law reform · conditions that give rise to law reform including: changing social values, new concepts of justice, new technology · agencies of reform including law reform commissions, parliamentary committees, the media, non-government organisations · mechanisms of reform including courts, parliaments, United Nations intergovernmental organizations 5. Law reform in action Two examples of law reform must be studied. Law reform in relation to native title is mandatory. Another example may be taken from list B or may be a topic of the student’s choice. A) native title – terra nullius – the roles of the High Court and federal parliament – major native title decisions – legislation B) a contemporary law reform issue (examples of topics that may be studied): – young drivers and the law – sport and the law – animal welfare – drug use and the law. |
Students learn to:
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The information above is taken from the NSW Board of Studies Stage 6 Legal Studies syllabus.