Xinomy | What Type of Legal System Is Used in Australia
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What Type of Legal System Is Used in Australia

18 Apr What Type of Legal System Is Used in Australia

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The Australian colonies were merged into the Commonwealth in 1901. To do this, the British Parliament adopted a written constitution drafted by the Australian colonists. The document was influenced by the constitutional systems of the United Kingdom, the United States and Switzerland. [18] [19] 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] Four main principles are observed in the Australian legal system. This is australia`s legal system which 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 High Court has stated that Australia`s common law system is uniform across all states.

[2] This can be compared to other jurisdictions such as the United States; which have maintained different common law systems in each state. We are all involved in the Australian legal system because it governs what we can and cannot do as members of the Australian community, and because we choose those who make the laws: 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] The Australian Constitution establishes a federal system of government. There is a national legislator who has the power to enact laws of higher power on a number of explicit issues. [3] States are separate jurisdictions with their own system of courts and parliaments and are empowered. Some Australian territories, such as the Northern Territory and the Australian Capital Territory, have received a regional Commonwealth legislature. The Commonwealth of Australia was formed by the Federation of Independent Colonies (which later became states). For this reason, we refer to the creation of the Commonwealth as a “federation” and our system of government in Australia as a “federal” system.

In a federal system of government, power is shared between the federal government and the governments of the states or territories. By 1824, the Acts of the British Parliament had created a judicial system based essentially on the English model. [13] The New South Wales Act of 1823 provided for the creation of a Supreme Court with the power to deal with all criminal and civil matters “as fully and completely as the Court of King`s Bench, the Common Pleas and Her Majesty`s Exchequer at Westminster.” [13] Subordinate courts have also been established, including courts for general or quarterly sessions and courts for motions. The High Court is Australia`s highest court. 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] 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. However, there are individuals and organizations that are at the heart of the legal system: most countries that were originally colonized by the British have legal systems derived from the British legal system that was passed on to them. In most cases, when countries gained independence from Britain, laws were enacted specifically to meet the needs of society, even though elements of the British legal system persist. This means that since the Federation, all Australians are subject to the laws of two legal systems: federal laws and the laws of the state or territory in which they live. A law is a rule that comes from a legitimate authority and applies to everyone. .

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