Equity law: A tool to correct common law in Australia
The English common law that Australia inherited from Britain and the numerous statutes that have been passed by the various state and federal governments since the federation make up the legal system in Australia. As society changes and new interpretations are produced in response to these changes, case law, or the laws that judges interpret, changes with time. The laws enacted by state and federal legislatures are subject to democratic principles. Elections determine the structure of parliaments, and often, various political parties have varied views when it comes to enacting legislative reforms. Every time a new government is elected, it would be impossible to make significant and immediate changes to the law. In reality, most laws are kept in place, and new laws frequently take a long time to become law and may never do so because of the checks and balances found in bicameral (two-chambered) parliaments.
How equity law is beneficial for understanding common law in Australia?
The sense of justice and fairness is equity. When a law is incorrect, equity corrects it, or we might say equity corrects common laws. Equity-based on conscience is when you consider what is right and wrong. For instance, if a powerful person hits a weak person without cause, you might feel sympathy for the victim and know in your heart that the strong person is wrong. Then, you might want to seek justice for the weak person. This feeling of justice is based on the natural justice principle. The court of chancery was the one that drafted this law.
The goal of equity law is to lessen the unfair effects that the common law's stringent and rigorous standards have on individuals. This statute guarantees justice for erroneous judgments. By the middle of the 13th century, common law was administered in England; some of its components were statute law and some were based on custom. Customary law was entirely unwritten, incredibly adaptable, and mostly accepted by those who uphold it.
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