Active learning ideas
This topic examines the diverse origins of the Australian legal system, focusing on the tension and integration between different sources of authority. Students investigate the British heritage of common law and the adversarial system, the supremacy of statute law created in parliaments, and the foundational role of the Australian Constitution. Crucially, this unit recognises Aboriginal and Torres Strait Islander customary laws as the oldest continuous legal systems in the world.
Activity 01
Set up four stations: Common Law (precedents), Statute Law (legislation), The Constitution (division of powers), and Customary Law. Groups spend 10 minutes at each station solving a mini-puzzle that requires using that specific source of law.
How does common law differ from statute law?
Activity 02
Students act out a short courtroom scene to demonstrate the roles of the judge as an impartial umpire and the two parties 'battling' to prove their case. This highlights the distinct features of the common law tradition inherited from Britain.
What is the role of the Australian Constitution?
Activity 03
Groups research how Australian courts sometimes take Aboriginal and Torres Strait Islander customary law into account during sentencing. They present a case study to the class, discussing the challenges of integrating two very different legal philosophies.
How does customary law integrate with the contemporary legal system?
A few notes on teaching this unit
Watch Out for These Misconceptions
Common law and statute law are the same.
Statute law is made by parliament and always overrides common law, which is made by judges through court decisions. A 'hierarchy of laws' mapping activity can help students visualise which source takes precedence in a conflict.
Indigenous customary law is no longer relevant.
Customary law remains a vital part of life for many First Nations peoples and influences contemporary legal areas like native title and circle sentencing. Using guest speakers or video testimonials from Elders helps students see its ongoing application.
Methods used in this brief
Basic Legal Concepts
Explore the fundamental differences between customs, rules, and laws. Examine the concepts of justice, fairness, and the rule of law in Australian society.
8 methodologies
Classification of Law
Differentiate between public and private law, and understand the distinction between criminal and civil court proceedings. Analyse the roles of legal personnel in these contexts.
8 methodologies
Law Reform
Examine the conditions that necessitate law reform, such as changing social values and new technology. Evaluate the effectiveness of agencies and mechanisms in achieving legal change.
8 methodologies