“Law of the land”: what the phrase does — and does not — mean

Separate genuine legal rules from slogans, internet theories and arguments courts do not recognise.

Learn

The phrase “law of the land” can be used informally to mean the law currently in force in a place. It is not a magic category that lets a person opt out of legislation, court jurisdiction, taxes, criminal law or valid government powers. A useful legal argument identifies an actual constitutional provision, Act, regulation, binding precedent, procedural rule or recognised common-law principle and explains why it applies to the facts.

See it

“I do not consent to statute law” is not the same thing as identifying a jurisdictional defect, an invalid exercise of power, a statutory defence or a procedural error.

Try it

Rewrite a slogan-style legal claim as a proper legal question: What law gives this power? What conditions must be met? What evidence proves those conditions?

Complete the mission

Take three common legal slogans and convert them into testable legal questions.

Next: Your State or Territory changes the paperwork →All lessons