How did the Australian legal system develop? Flashcards
When was the first british settlement established into Australia?
27th January 1788 at Circular quay british crown was asserting an independant right to implement british law
What year was the Australian Courts Act?
In 1828, it was asserted in Statue that English law was received by the colonies, removing any uncertainties over the issue
How did the organisation and type of governing of NSW colonies alter?
Colony of NSW was divided and grew into several colonies where the government shifted from dictatorship (with governors as absolute rulers) to responsible governments where each colony had its own bicameral parliament
When did each state form a responsible governments?
VIC NSW TAS in 1855
SA in 1856
Queensland in 1859
WA in 1890
When did VIC become a separate colony
1850, received all this law subject to alterations taken place between 1828 and 1850
What did the Colonial Laws Validity Act entail?
In 1865, Victorian Parliament and courts free to alter received UK law but could not:
- enact laws extending beyond boundaries of Victoria
- alter or repeal UK statues of ‘paramount force’
What did the Statute of Westminister Act entail?
Commonwealth parliament was granted full legislative independance from he UK, removing restrictions on commonwealth parliament
When did Australian colonies combine to form a federation?
1st of Jan 1901
What is the Australia Act?
In 1986 Australia’s legislative links with UK were severed, removing limitations on powers of state parliaments and abolishing Privy Council appeals
Why was there a need for federation?
In the late 1880s there was general division amongst the colonies, in light of french and german expansionism in the pacific there was a general movement for the need for a more centralised system of government
Central institutions of government
Courts and Administration concerned with national matters
Regional institutions of goverenment
States, shires, local councils responsible for local matters
