Cameron Miranda
Statute law, also known as legislation, is made by parliament. In Australia, a bill is introduced to the House of Representatives and debated by members who vote on the main idea of the bill. If it passes, it is sent to the Senate, and if it is approved by a majority in both chambers, it is sent to the Governor-General for formal approval, known as Royal Assent. In the United States, federal statutory law is passed by Congress and signed by the President, becoming Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals. At the state level, the acts are passed by the state legislature and signed by the state governor. Cities and counties have their own codes, passed by city or county councils, and are called ordinances rather than statutes.
| Characteristics | Values |
|---|---|
| Who creates statute law | Parliament |
| Who creates delegated law | Executive government |
| Who creates common law | Judges in courts |
| Who can be delegated law-making power | Ministers in the Executive or government officials |
| What is a bill | A draft Act or a proposal for a new law or a change to an existing one |
| What happens when a bill is passed by a majority in both houses of parliament | It is sent to the governor for formal approval |
| What is approval by the governor called | Royal assent |
| What are Public Laws related to | The general public |
| What are Private Laws related to | Specific institutions or individuals |
| What are the laws passed by city or county councils called | Ordinances |
| How are code books updated when new laws are passed | Pocket parts |
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What You'll Learn
Statute law is made by parliament
Statute law, also known as legislation, is made by parliament. It is created when parliament agrees on a bill—a proposal for a new law or a change to an existing one. This bill is debated in parliament, and if it passes by majority vote in both houses, it is sent to the governor for formal approval, or Royal Assent. After receiving approval, the bill becomes an Act of Parliament, a law.
In Australia, for example, a bill must pass by majority vote in the House of Representatives and the Senate before receiving Royal Assent by the Governor-General. Similarly, in the United States, bills are passed by Congress and signed by the President to become Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
Statute law always overrides common law, which is made by judges in courts. Common law is based on precedent, where judges use past decisions made in similar cases to guide their rulings. If no statute law applies to a situation, common law is applied. However, statute law, made by parliament, takes precedence over common law.
The process of creating statute law involves various stages, including revisions, debates, hearings, and reports. These documents are essential for understanding the legislature's intent in passing a particular law. Additionally, once a statute law is passed, it is published as a slip law and then bound into the Statutes at Large, which are bound laws arranged in the order they were passed.
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Delegated law is made by the Executive government
In Australia, statute law is made by parliament, while delegated law is made by the Executive government, and common law is made in the courts. Delegated law is also known as "delegated legislation". This means that the power to make laws has been delegated or given to someone else, such as ministers in the Executive or government officials. The Prime Minister and ministers are part of the Executive government. Delegated law can only be made under the authority of a statute law made by parliament, and it has the same legal effect as statute law. However, parliament has the power to overrule delegated law.
In the United States, statutory law consists of the laws passed by the legislature. For federal statutory law, the acts are passed by Congress and signed by the President of the United States. For state law, the acts are passed by the state legislature and signed by the state governor.
At the city or county level, instead of statutes, the set of laws, rules, and regulations are called "ordinances". These are passed by city or county councils.
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Common law is made by judges in courts
In Australia, statute law is made by parliament. It is also referred to as legislation. A bill, which is a draft Act, is debated in parliament. If it is passed by a majority in both houses of parliament, it is sent to the governor for formal approval, or Royal Assent. After approval, it becomes an Act of Parliament.
Common law, on the other hand, is made by judges in courts. It is also referred to as case law or judge-made law. When judges are deciding on cases, they use precedent, or decisions made in previous similar cases, to guide their judgment. If no past cases with similar circumstances exist, a judge will make a new decision, which then becomes a precedent for similar cases in the future. If no statute law applies to a particular situation, common law will be applied. However, it is important to note that statute law always overrides common law.
In the context of common law, judges interpret legislation when there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law. Common law is most often used to make decisions about areas that are not included in Acts of parliament.
In the United States, statutory law consists of the laws passed by the legislature. For federal statutory law, the acts are passed by Congress and signed by the President of the United States. For state law, the acts are passed by the state legislature and signed by the state governor. Cities and counties have their own codes, which are passed by city or county councils.
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A bill is passed by a majority vote
In Australia, a bill is passed by a majority vote in both houses of parliament (the House of Representatives and the Senate) to become a law. This process is known as achieving Royal Assent, which is granted by the Governor-General. This law is called an Act of Parliament, or statute law. Statute law is made by parliament, while delegated law is made by the Prime Minister, ministers, or government officials, and common law is made by judges in courts.
In the United States, statutory law is made up of laws passed by the legislature. For federal law, this means acts passed by the United States Congress, which are then signed by the President to become Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals. For state law, acts are passed by the state legislature and signed by the state governor.
In the US, the executive (President or governor) can refuse to sign a bill or reject it, which is called a veto. However, the legislature can override this veto with a two-thirds majority of votes.
At the city or county level, city or county councils pass ordinances, which are a set of laws, rules, and regulations.
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Royal Assent is given by the Governor-General
In Australia, a bill becomes a law after it has been passed by a majority vote in both the House of Representatives and the Senate and is given Royal Assent by the Governor-General. This assent is the Governor-General's formal approval of the bill, after which it becomes an Act of Parliament. This Act of Parliament is a law for Australia.
The process of Royal Assent involves the Governor-General either accepting or withholding their approval of a bill. In rare cases, the Governor-General may refuse to give Royal Assent, which is called a veto. However, in Australia, Parliament has the power to overrule this veto.
The Governor-General's role in giving Royal Assent is a crucial step in the creation of statute law in Australia. This process ensures that a bill has undergone rigorous scrutiny and received the necessary approval before becoming a law.
It is important to note that the specific procedures and terminology may vary in other countries, as law-making processes can differ between jurisdictions.
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