Of laws were passed which came into effect in 1986

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of laws were passed which came into effect in 1986, called the Australia Acts . One of the effects of these Acts was to sever the connection with the United Kingdom in law, making the High Court of Australia the court of final appeal in Australia. 2.3.5 The Law of Canada Canada, like Australia and the United States, is made up of a number of separate governing regions, which, in Canada, are called provinces. Canada also has a written Constitution, which divides the powers to legislate between the national government and the provincial governments. Originally colonised by the British and the French, Canada is predominantly a common law country, although it is not perhaps quite as close to the legal system in England as the New Zealand and Australian systems have been. In addition, Canada's largest province, Quebec (with its French background and influences), has a legal system, which is a combination of both the major legal families-common law and civil law. In terms of Canada's activities in the international arena however, it is most usually associated with the Common Law family of legal systems. 30
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY 2.4 Differences between Civil and Common Law Systems One of the main differences between the Civil Law and Common Law families, at least in theory, is the doctrine of precedent (or ‘stare decisis’ as it is sometimes referred to), which is a central feature of the Common Law system. Theoretically, the common law courts are bound by earlier decisions dealing with the same legal issues, while the civil courts have always been able to consider the same legal issues repeatedly, irrespective of what other courts may have already decided in previous decisions. In practice however, the common law courts, particularly those in the United States have developed techniques of interpretation which have had the effect of distinguishing cases from each other to such an extent that the role of stare decisis or ‘precedent’ has been considerably reduced. In the civil law systems, the courts have increasingly deferred to the judgments of previously decided cases, preferring for reasons of efficiency, economy and time, not to rethink the same issues which might arise for consideration, merely because they are able to do so. In the Common Law family, the task of applying the law to the different relationships in society belonged to the judges. In England there has been, since the Norman Conquest of 1066, a uniform Court, whose jurisdiction extended throughout the whole land and which was supported by a highly organised and political community of lawyers. In continental Europe, by contrast, there was no controlling body of judges and lawyers, which could develop the law in any unified manner. This task was left to the scholars and academics in the universities.
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