Doctrine of reception of English Law into Australia.
Australia today is a country that is equipped with a complete and effective legal system so as to provide fairness and justice to its people. But having an effective legal system did not come to the minds of the law makers overnight. In fact, the pain staking process of establishing Australia's legal system took over two centuries to date! The legal system has been expanding since the times when a much different system that was applied by the Aborigines before it was declared terra nullius to the time the Native Title Act was made and also to the severing of ties of Australia and UK by Australia Act 1986 both Commonwealth and Australia. Australia's legal system has been expanded, changed and modified in so many ways to have become the legal system it is now. One might wonder how did Australia today come about. Previously, England used to transport its prisoners to the American colonies. Sadly, the exiling of its prisoners into its American colonies did not stay for long as the American colonies began to have drastic changes from its American Revolution. It was necessary to look for another alternative to transport its prisoners. So Captain Cook was instructed in the 1770s to look and take possession of places that was f
After all that has been said or done, Australia now is fully legally independent in its initiating and enacting laws on any matter that is to be concerned by the its parliaments. This also means that Australia is no longer bounded whatsoever by England's laws no matter whether it supports or is contrary to England's. Yet from what has been mentioned, changes or developments that has been made in English case law might still have direct persuasion on Australia's. In certain areas whereby Australian laws does not cover a particular matter, judges or lawmakers will still look upon England's legislation to decide. Therefore in practice, lawyers now and then will bring up English cases alongside Australian cases whenever arguing a case. As pointed out again, though the reception of English law has been severed since the days of Australia Act 1986 (CTH) & (UK), there are times at present when connections between England's and Australia's legal system can be made. Although Australia's laws has been an adaptation from England's laws but the departure from it can be clearly noticed when the Australia Act 1986(Cth) & (UK) was enacted. This is a clear-cut termination in UK's power to legislate or to influence Australia. In its transitional period, the Colonial Laws Validity Act 1865 provided for the colonies to be able to legislate for themselves giving them a slight taste of independence though any legislation made would be considered void if found to be contradicting to British Acts which then the British parliament could overrule. Before stepping into the beginning of the 20th century, there were strong interests of combining all the colonial states into one federation. These interests were many, from free trade to national defence and to a strong sense of union. This strong sense of union was very much fundamentally influenced by the very recent independence of America. Although not all states supported the federation due to its individual economic interest but in the end the Australian federation was successfully created due to the persuasion of the strong sense of nationhood. Just as the 'father of federation', Sir Henry Parkes, who eloquently commented in his speech at the Melbourne Conference in February 1890 '...the crimson thread of kinship [that] runs through us all' implied that the federation would be created in such a way that all the interest of the states would be met. With the Commonwealth of Australia Constitution Act 1900 very distinctive changes was made such that the 6 colonies was transformed in the States of the Commonwealth of Australia and the coding of Australia's Constitutio
Some common words found in the essay are:
Title Act, Australia Australia, Acts British, Mabo Queensland1992, British Parliament, , Validity Act, King George, Captain Cook, Statute Westminster, english law, legal system, british parliament, south wales, native title, australian law, australia's legal, australia act, australia's legal system, commonwealth australia, title act, native title act, australia act 1986, reception english law, title act 1993,
Approximate Word count = 1764
Approximate Pages = 7 (250 words per page double spaced)
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