Week 4 Lecture Flashcards
By when did Britain begin assuming a major position as a global power?
18th century
What occured during 1700-1800 in Britain?
A period of significant development and increasingly wealth
Where did England have colonies and terrorities from 1700-1800?
Around the globe, especially in the Americas and India.
During 1700-1800 how was Britain involved in War?
Britain was engaged in major wars at home and abroad, esp. w France, Spain, Scotland and the American colonies
Between 1700-1800 in England, how was criminal law?
Severe.
Between 1700-1800 what happened to laws in Britain?
Laws became increasingly punitive
How many capital offences were there in england between 1700-1800 and what were they under?
Waltham Black Act (1723) (9 Geo I c 22): 200 capital offences!
What proved more effective than murdering one’s subjects?
Strategies of Mercy and Violence SHORT of death
EXILE
In 1717 was passed (The Piracy Act) that allowed for the deportation of felons
The DEATH SENTENCE could be commuted to TRANSPORTATION
Over 50,000 were sent to the Americas
American Declaration of Independence occurred in 1776
What act allowed the transportation of felons?
4 Geo 1 c11
What was 4 Geo 1 c11 also known as?
The piracy act
With the piracy act what could the death sentence be commuted to?
Transportation.
With the piracy act, how many people were sent to the americas?
50,000.
When did American Declaration of Independence occur?
1776
Who sailed the Endeavour in search of the Great South Land?
Captain James Cook
Did James Cook carry secret instructions?
Yes.
Who declared the coast of Australia a British possession?
Captain James Cook.
Did Captain Cook record signs of inhabitation?
Yes
What year was it authorised that there were deportations to New South Wales?
1786.
What did the foundatation statues do in New South Wales?
The foundation statutes set up a court, and required the deployment of “the laws of the Realm”, but said nothing about the content of the law
What applied to the laws of the realm in early new south wales?
Common law rules applied, known as the Colonial Birthright Doctrine
Calvin’s Case (1608)
Anonymous (1722)
What was terra nullius in Australia?
The Myth of the Empty Continent.
What does terra nullius mean?
Uninhabited
Were Australian settlers aware of Aboriginal inhabitants?
Not considered proprietors of land
What was the result of Cooper v Stuart (1889) 14 AC 286?
English statutes, common law and equity received into NSW on 26 January 1788.
What was aboriginal displacement done through?
Widespread warfare
How did settlers cause considerable loss of life to indgeneous people?
Introduced disease.
What happened when settlers spread throughout Australia?
More indegneous people.
Were indigenous people subjectto British Law?
Sometimes.
Why couldn’t indigenous people give an oath?
They lacked the religious understanding to give an oath
When was the doctorine of terra nullius overturned?
1992.
What were three foundation documents of Australian legal history?
Letters of instruction, charters of justice and NSW courts act
Who was the letters of instruction to?
Captain Arthur Phillip, 25 April 1787
What was the letters of instruction?
25 April 1787.
What did the letters of instruction outline?
Requires inforcement of the law.
When was the charter of justice?
2 April 1787.
What did the New South Wales Courts Act 1787 (27 Geo 111 c 2) do?
Establish the first court in New South Wales; a military tribunal to enforce laws in a summary manner
What was the formal date of reception of all English law into the colony of NSW and VDL?
25 July 1828.
What did the Australian Courts Act 1828 (Imp) cause?
Any laws and statutes in force in England as at 25 July 1828 do not apply if inconsistent with laws of colonies
Did Australian Courts Act 1828 (Imp) establish local courts?
Yes.
What power did local courts have under Australian Courts Act 1828 (Imp)?
Power to determine what laws were applicable?
Was common law fixed under Australian Courts Act 1828 (Imp)?
Common law continues to evolve.
What did the New South Wales Constitution Act 1842 (Imp) do to the legislative council>
Expanded the Legislative Council to 36 members: 24 elected and 12 appointed. Governor NO LONGER part of the Legislature.
What occured under the Australian Constitutions Act (No 2) 1850 (Imp)?
Victoria separated from NSW – a new and independent colony
Qld separated from NSW – but did not happen until 1859(!)
When did the NSW legislative council present a bill to the imperial council to establish bicameral legislature?
1853
What would bicameral legislature assist of?
Would consist of a wholly elected Legislative Assembly
And an appointed Legislative Council
What was the first australian bicameral legislature?
New South Wales Constitution Act 1855 (18 & 19 Vic c 54)
In colonial legislatures, who was the governor representative of?
King
Colonial legislatures were limited in their powers to make law; the scope of law; and the review of law
What was colonial legislature subject to?
The Colonial legislatures were subject to the Imperial parliament in London, which retained unlimited power over dominion legislatures
How could colonial legislatures legislates?
Colonial legislatures could not legislate extraterritorially, nor make laws inconsistent or contrary to the laws of England (the repugnancy doctrine)
What were judicial decisions in the colony subject to?
Judicial decisions in the Colonies were subject to the overarching jurisdiction of the Judicial Committee of the Privy Council
When did discussion about federation begin?
As early as the 1840s
When was the first attempt at a federal government?
The first attempt at a Federal Govt was in 1885 (Federal Council of Australasia Act 1885 (48 & 49 Vic c 60)
What was the federal constitution based on?
Model was based on a hybrid Westminster and American Constitution
When and where was the australian constitution passed?
The Constitution was passed by the Imperial Legislature in July 1900
What did the Australia Act 1986 (Cth) do?
Made Australian law independent of British parliaments and courts as a ‘sovereign, independent and federal nation’.
What were the two functions of Australia A? ct 1986 (Cth)
Ended inclusion of British legislation into Australian law – see section 1
Abolished appeals to the Privy Counci
When was the last referendum to make Australia a republic?
Last referendum defeated – 1999
