Summary of How is law made?

Main Ideas and Concepts

Sources of Law
- Statute Law
  - Written legislation, such as the Discrimination Act and Fair Work Act.
  - Originates from ideas that can come from various sources, including public campaigns, petitions, parliamentary inquiries, ministerial advisors, and media.
  - Subject to thorough scrutiny by parliamentarians, outside experts, and parliamentary committees to ensure it represents the best outcomes for society.
  - Exists at both federal and state levels, leading to variations in laws across different regions (e.g., speed limits and local regulations).
- Common Law
  - Comprised of laws made by judges through court decisions, filling gaps left by Statute Law.
  - Evolves over time as judges interpret statutes in light of new cases and circumstances, adapting to changing societal needs.
  - Known as "judge-made law," it sets precedents that guide future legal decisions.
  - The interpretation of Common Law can vary, making legal outcomes less predictable.
Legal Interpretation
- Laws are not always clear-cut ("black and white"), necessitating the role of lawyers and courts to navigate complexities.
- The unpredictability in how judges interpret laws can lead to varied outcomes in similar legal situations.

The process of law-making involves:
- Generating ideas from various sources (public, media, etc.).
- Drafting legislation that undergoes scrutiny and revision.
- Enacting laws at federal or state levels.
- Judges interpreting laws in court to establish Common Law and set precedents.

The video includes insights from unnamed parliamentarians and legal experts discussing the law-making process in Australia.

— 02:46 — « You've got to think of it as like an amoeba that keeps creeping and crawling out of the receptacles. »

— 03:23 — « There's an old saying that law is black and white but that's really not the case. »