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The Constitution can only be amended by national referendum, a provision inspired by the Swiss cantonal system. 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] If you are new to legal research, you should also consult the Legal Research Competency Guide All countries have any legal system. The “legal system” is a general term that describes the laws we have, the process of creating those laws, and the processes to ensure that the laws are followed. Our legal system reflects how we behave as Australians and how we, as a country, expect people, organisations and governments to behave towards each other. The Australian legal system evolved from the legal system of Great Britain, which was introduced to Australia as part of the process of establishing a colony in Australia, beginning in the 1770s. Between 1855 and 1890, the British Parliament granted each of the British colonies in Australia a limited right to establish a local system of government, generally referred to as “responsible government.” As each of the colonies obtained this right, it was able to develop its own laws and legal systems to deal with its particular situation. Thus, the law and the legal system in each of the colonies began to develop separately. 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 elect those who make the laws: the Supreme 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.

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] A constitution is a set of rules that determine how an organization or country should be managed (governed), how the organization or country decides who will have power, how that power can be exercised. The constitution of a country establishes the system of government of that country. The full title of the Australian Constitution is the Commonwealth of Australia Constitution Act 1900. Indigenous Australian customary law varied across language groups, clans and regions. [6] It has evolved over time from accepted moral norms within Indigenous societies. Laws regulated human behavior and relations, ordered penalties for misdeeds, and connected people through a system of relations with the country and with each other.

[7] 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] In the Australian legal system, laws are enacted primarily for the following purposes: In the late 19th century, there was a step towards creating a central government for the whole country. Representatives of the six colonies (New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia) met at a series of congresses in the 1890s to work on drafting a constitution. A referendum was held in each colony to approve the draft constitution. The Australian Constitution was passed as an Act of the British Parliament and came into force on 1 January 1901. The creation of the Australian Constitution in 1901 was the beginning of an independent Australian legal system that is part of the Australian system of government.

Throughout your law studies at Charles Sturt University, you will use the RAIC method to structure your responses to legal problems. The legal research method diagram below shows you where library resources (primary and secondary) fit into the RAIC method. Using secondary resources in the “Gather background information” phase will help you write your assessment tasks, you will be better equipped to explain the relevant law with supporting documents. However, there are a few individuals and organisations at the heart of the legal system: 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] 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 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. Australia`s common law system has its origins in the common law system in Britain. Although similarities remain and the influence of British common law decisions on Australian courts remains influential; There are considerable differences between the different systems. [33] In general, it`s a good idea to start your legal research, start with the secondary resource, and then proceed with the primary resources. Everyone has a slightly separate role to play in the legal system, and these are described below in these hot topics. Here is a selection of books available in the Library of Legal Research: Full legislative independence was finally established by the Australia Act 1986, which was passed by the UK 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 represented a significant symbolic break with Britain, underscored by Queen Elizabeth II`s visit to Australia to sign the bill in her legally diverse capacity as Queen of Australia. 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 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. Australia`s system of government is based on the rule of law. This means that everyone must obey the law; that no one, no matter how important or powerful, is above the law. This means that the law applies not only to citizens, but also to organizations and representatives of the government, including the Prime Minister, heads of government departments and members of the armed forces. The same law that criminalizes the theft of someone`s property applies to everyone.

Another aspect of the rule of law is that no one is allowed to exercise powers other than those conferred on him or her by law. 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. 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. 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. 1.

There are certain situations in which state and territory governments agree to return certain powers to the Commonwealth, such as the transfer of certain powers by Queensland, New South Wales, Victoria and South Australia to the Commonwealth to allow for the passage of the Water Amendment Act 2008, which amended the Water Act 2007 and created a single body, who is responsible for monitoring water resource planning in the Murray-Darling Basin.