Australia’s legal system

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Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century.

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However, the English legislation system is the foundation of Australia law that is still needed to be discussed before reaching any conclusions. Following are the related factors which clarify this issue. Firstly, it is necessary to take a look back to the Australia historical background to understand its law development procedure through the time. According to Australia’s history the first inhabitants may have been ancestors of modern Indigenous Australians. After this, to the year of 1770, James Cook captain found and gradually formed Australia. As a rule of life, there are people, there are regulations. At the period of beginning, it is easy to comprehend that Britain would apply their law to Australia which is considered as settled colony of England if there was some judgement events happened. This aspect is clearly revealed via the case of Mabo v Queensland (No 2) (1992) 175 CLR 1; 107 ALR 1. In this situation, Eddie Mabo and others argued that they had the right to possess the land in the islands as the way of customary title since the time immemorial. However, the decision of this case basing on the English law was that the even though Australia legal system recognised the native title which had not been accepted before, modern Australia was still much more practically tremendous[1]. Through this case we can see that the official introduction of English law to Australia and the progression in its law by this time. In addition to this, this is supported by Blackstone, “English law would become the law of a country outside England either upon first settlement by English colonists of a conquered or ceded country.” Therefore, the English law would be the good indicator for Britain to execute in their situations in this infant colony at that time. Time by time, English law has been well established and settled in deciding legislation of this territory. Secondly, examining of the development of law in Australia also helps to track back its origin. On the date of their own original settlement, in each state of Australia the English law was applied as the foundation law as a settled colonies or infant colonies. Nevertheless, the time after first settlement it was blurry that should New South Wales have been treated as the settled colony because in early time this state had Governor already exercised its power over the inhabitants. Therefore, it caused the argument on this issue. Finally in 1823, the New South Wales Act was passed by the United Kingdom Government. This Act enables the New South Wales’s Government fully right to pass the laws provided that it was not against with Britain legal system.

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