Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of people and institutions.
In carrying out this task, a judge can use any of the following three sources of Australian law:
- Acts of Parliament or legislation
- the common law, or previous decisions by the courts
- a constitution, either State or Commonwealth
depending on the particular court the judge is working in.
Because Australia is a federation, with two main levels of government, there are also two levels of courts, State and Commonwealth. The High Court is the final court of appeal for both levels. Some other legal disputes may be dealt with by the High Court from the start. Constitutional cases often begin in this way.
Jurors chairs
To what extent do judges make law?
Judges make law to a limited extent.
The common law is judge-made law. That means a law has been made because of something a Judge has ruled on in his/her court. These laws continue to be adapted to meet new situations and changing circumstances.
| How are Australian judges appointed? Australia has two main levels of government, the Commonwealth and the States. Both have court systems. The method for appointment of
judges to both Commonwealth and State courts is roughly the same. Judges are only formally
appointed by the Governor-General, who acts on the advice of the government. The
Attorney-General also plays an important part.
Not everyone can become a judge. There is no law to say so but judges in Australia are always lawyers. That is because they have had experience arguing cases in court. In a few recent instances, appointments have been made from other parts of the legal profession as well: solicitors, academics and government lawyers. |
