Explain the Historical Development of Common Law. in Particular Explain the Evolution and Operation of the Doctrine of Precedent.

The common law constitutes the basis of the legal systems of many other generally English-speaking countries or Commonwealth countries. Such as England, America, Australia, New Zealand, Malaysia, Singapore, Hong Kong and so on. The Australian political system is based upon elements of the British and American systems. In 1788, when Australia was first colonized, British applied the English law in Australia. In order to explain this issue, it is necessary to define the concept of ‘common law’, ‘doctrine’ and ‘precedent’. The term Common law can be defined as a part of the English law developed by the Courts of common law which judgments by judges hearing real cases . Furthermore, Doctrine can be defined as a commonly accepted set of rules and procedures. Precedent means an example serving for the future . Moreover, this essay will clarify that the historical development Australia legal system, development of common law, the evolution and operation of the doctrine of precedent. These points above will be explained in the essay.

First of all, the legal system in Australian that operates today arrived with the ‘First Fleet’ a mere two centuries ago. It can be explain that into three steps. Firstly, Australia received English law. Then, English statutes Australia that mean Australia can make law for the Australian colonies. When the Australia was first colonized in 1788, English naturally applied the only law they knew, that including the laws, the procedures, the institution, the value and the tradition. All English laws that were suitable to colonial setting were applied . This was because of the doctrine of terra nullius. This doctrine meant that Australia was regarded as isolated when the English law that was suitable to the circumstances applied. In 1853, self-government was approved by the English to the Australian colonies. Self-government meant that each colony had its own parliament which could mark laws for colony . Moreover, federal government was... [continues]

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