Customary Law Flashcards
What is customary law?
A system of law based on traditions, customs, and practices of a community.
How does customary law differ from statutory law?
Customary law develops from traditions, while statutory law is written and passed by parliament.
What role does Aboriginal and Torres Strait Islander customary law play in Australia?
It influences sentencing and dispute resolution in some cases but is limited by statutory law.
How does customary law influence modern legal decisions?
Courts may consider customary practices in sentencing, particularly in Indigenous communities.
How is customary law recognized within the Australian legal system?
A: Through case law and legal considerations for Indigenous offenders.
What are some examples of customary law practices?
Elders resolving disputes, traditional punishments, land management practices.
What challenges arise when applying customary law in Australian courts?
A: Differences between traditional customs and statutory law, potential conflicts with human rights laws.
How does international customary law influence domestic law?
It guides legal decisions in areas like human rights and environmental protection.
Why is customary law important for Indigenous communities?
It preserves cultural identity and provides a traditional legal framework for resolving disputes.
