Australian law Essay Example
Question 1
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.
[10 marks] Word limit = 750
Answering Discuss:
To range the extent, it is important to understand the source of law, the Australian legal system, the history of the Australia, the formation of the Australian legal system and the relationship between Australia and British law system.
Back to history, source of law need refers to the historical development of a law or a legal system. 1 Now Australia Legal system is self-developing even include the Aboriginal Customary Law and no longer binding with English legal system.
There are several segments for this case.
Before Colony settlement, Aboriginal Customary Law applies in all tribal throughout the continent;
After Colony, 1788 to 1900, law of England were to apply all colony, there was no recognition of Aboriginal law;
1901 to 1986, Australia became to a member of Commonwealth, the appeal and ultimate court from the Australian courts was an England court;
After 1987, Australia has got the independence of judicatory.
Segment 1, Before Colony settlement
Aboriginal law and customs were part of an oral tradition, not written down, were passed on to each generation through stories, songs, rituals and ceremonies. Before Captain Arthur Phillip arrived at Sydney Cove 1778, there is no legal relationship between Australia and England.
Segment 2, Colony Period, 1788~1900
Governor Phillip actually arrived on the Eastern coast in January 1788 and formally founded the colony of New South Wales on 26 January, he hoisted the Union Jack and declared Australian Continent to be British, which include all people living in Colony and All Aboriginal people became subjects of King George III of England and were bound by his law. There was no recognition of Aboriginal law, no negotiation with the Aboriginal people. In fact, it was not until two centuries had passed that “English law” would
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.
[10 marks] Word limit = 750
Answering Discuss:
To range the extent, it is important to understand the source of law, the Australian legal system, the history of the Australia, the formation of the Australian legal system and the relationship between Australia and British law system.
Back to history, source of law need refers to the historical development of a law or a legal system. 1 Now Australia Legal system is self-developing even include the Aboriginal Customary Law and no longer binding with English legal system.
There are several segments for this case.
Before Colony settlement, Aboriginal Customary Law applies in all tribal throughout the continent;
After Colony, 1788 to 1900, law of England were to apply all colony, there was no recognition of Aboriginal law;
1901 to 1986, Australia became to a member of Commonwealth, the appeal and ultimate court from the Australian courts was an England court;
After 1987, Australia has got the independence of judicatory.
Segment 1, Before Colony settlement
Aboriginal law and customs were part of an oral tradition, not written down, were passed on to each generation through stories, songs, rituals and ceremonies. Before Captain Arthur Phillip arrived at Sydney Cove 1778, there is no legal relationship between Australia and England.
Segment 2, Colony Period, 1788~1900
Governor Phillip actually arrived on the Eastern coast in January 1788 and formally founded the colony of New South Wales on 26 January, he hoisted the Union Jack and declared Australian Continent to be British, which include all people living in Colony and All Aboriginal people became subjects of King George III of England and were bound by his law. There was no recognition of Aboriginal law, no negotiation with the Aboriginal people. In fact, it was not until two centuries had passed that “English law” would