When the court does overturn and restate aspects of common law in Australia it is merely declaring the law for the future and not just for an instant. Unlike parliament, courts do not have advisory committees nor are they accountable for their decisions. However, in the end it is up to parliament to decide, through a system of checks and balances inherent in the Australian system of government and law. If parliament is dissatisfied with a decision of the High Court it can merely overrule its decision as long as it does not impeach upon the provisions contained within the Constitution17 . It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for an orderly development of legal rules'19.
Certainty leads to stability, and it is of the foremost importance in creating order in society.
With the dynamic nature of the High Court as Australia's highest court has come the need for a change in the precedential stature of many of its past decisions from strictly binding to persuasive. The courts adherence to and use of the Doctrine of Precedent as a fundamental principle of common law has not decreased. The doctrine has encompassed both binding and persuasive decisions despite the emphasis upon those which are authoritative. As the Court enters the next century, so too will the foundations upon which Australia became a nation and with it, the beliefs of an entire melting pot of people as diverse as the universe itself. Footnotes 1 G. Bird, The Process of Law in Australia.