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First Principles of Business Law |
| Government and law in Australia |
| 5.4. The courts |
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5.4.2. General powers of the courts |
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Each court in Australia has carefully defined powers to hear cases brought before them, and depending on the nature of the case, to make and enforce orders or impose penalties. These powers are conferred by legislation, such as s 73 and 75 of the federal constitution; and s 85 of the Victorian constitution. Speaking in general terms, we can say that courts have authority to interpret, declare and apply the existing law. Although they have no direct power to make law in the way a legislature does, judges do make law indirectly, through the processes of declaring, interpreting, and extending the established law. For this reason we can say that the courts have a law-making role as well as the responsibility for adjudicating disputes. |
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Question: Is it true that the law laid down by judges when they decide cases is referred to as the 'common law', as distinct from legislation? |
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