The first civil and criminal courts established since the early days of the colony of New South Wales were rudimentary, adaptable and military. Although legality was not always respected, the courts limited the powers of the governor and the law of the colony was sometimes more egalitarian than in Britain. [12] Full legislative independence was eventually established by the Australia Act 1986, which was passed by the British Parliament. It eliminated the possibility of laws being enacted with consent and demand for domination, and applied to both states and the Commonwealth. It also provided for the complete abolition of appeals to the Privy Council by any Australian court. The Australia Act represents an important symbolic break with Britain, marked by the visit of Queen Elizabeth II. was flagged in Australia for signing the law in her legally different capacity from Queen of Australia. The Australian legal system has several forms. It includes a written constitution, unwritten constitutional conventions, statutes, ordinances and the common law system established by the courts. Its legal institutions and traditions are essentially derived from those of the English legal system. [1] Australia is a common law jurisdiction whose judicial system has its origins in the common law system of English law. The common law of the country is applied uniformly in all states (subject to extension by law).
[2] The Australian legal system shares much of its history with the English legal system. Both trace their origins in an unbroken lineage over nearly 1000 years until the Norman conquest of England in 1066. While the Australian legal system diversified with the arrival of the first British settlers at Sydney Cove in January 1788, English institutions continued to exert significant influence. Australian law still shares legal principles and doctrines with England and other Commonwealth countries that practice common law. English law thinking continues to exert a strong influence on Australian lawyers, although the common law as we know it is a product of the Australian experience. If the legal system of England in the 18th century was the birthright of Australia, Australian common law in the 21st century is Australia`s responsibility. This topic explores the foundations of the Australian legal system, including the processes by which Australian law is developed and its impact on the colonization of Aboriginal and Australian Torres Strait Islanders. It presents the main public law institutions and principles that support government in Australia, including the relationship between the three branches of government, the functioning of the federation, and the limits of government power. Students are introduced to the basic principles of legal interpretation that concern a number of public law issues.
The process of drafting a law involves the drafting of a bill, usually by a parliamentary lawyer. The bill is read, debated and sometimes amended by both Houses of Parliament before being approved. Once a law has been passed, it must be approved by the sovereign`s representative. Legislation may also be delegated to local councils, statutory authorities or government bodies. As a rule, this is done in relation to smaller legal laws such as traffic rules. Legal History: The History of Law and Legal Institutions Note: Minor discrepancies may arise due to the process of continuous improvement of the quality of the subject, and in case of minor discrepancies in the details of the evaluation, the structure of the subject represents the latest official information. Before colonization, the only legal systems that existed in Australia were the various customary law systems that belonged to indigenous Australians. Indigenous legal systems were deliberately ignored by the colonial legal system and were recognized as legally important only to a limited extent by Australian courts in the post-colonial era.
[5] This unit provides you with an in-depth introduction to the important institutions and processes that influence the continued development of law in Australia, its history, context and contemporary relevance. You will be equipped with the necessary skills to find, interpret, critique and apply legal knowledge in legislative and decision-making terms. Topics covered in this unit include: The English legal system was introduced by colonization in Australia. Upon their arrival in Australia, the settlers declared that the laws of England should apply immediately to all populated lands. [8] This statement was asserted, citing a legal fiction, that the Australian mainland was terra nullius; that is, lands that belonged to no one, because it was believed that the Aborigines who already inhabited the continent were not coherently organized to conclude a treaty with a single representation of their peoples. [9] The High Court is the highest court in Australia. He has the final say on the judicial decision of all legal matters. It hears appeals from all other courts in the country and has the original jurisdiction. [4] The ANU Library provides access to a number of legal databases. The following list is very selective and covers only the main sources of case law and legislation.
A more complete list of legal databases can be found here or in the Business, Journal Articles and Legislation tabs for other databases covering this type of information.