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Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. [1] Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the ...
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
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The Constitution is the primary, but not exclusive, source of Australian constitutional law; it operates alongside constitutional conventions, state constitutions, the Statute of Westminster 1931, the Australia Acts 1986, prerogative instruments and judicial interpretations of these laws by the High Court of Australia.
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia. [1] The chapter consists of 60 sections which are organised into 5 parts.
Each state has its own constitution, [1] which serves as a foundational legal document to govern the state's legislative, executive, and judicial branches. These constitutions are separate from the Australian Constitution , which governs the federal government of Australia; and is also the relevant constitutional document for each of Australia ...
In an important constitutional case (Sue v Hill (1999) 163 ALR 648), three justices of the High Court of Australia (the ultimate court of appeal) expressed the view that if the British Parliament were to alter the law of succession to the throne, such a change could not have any effect on the monarchy in Australia, because of the Australia Act ...
The Principle of Legality is an important legal doctrine in Australian public law. [1] It is an interpretive presumption by the judiciary that Australia's various parliaments do not intend to curtail or abrogate fundamental rights and freedoms when enacting legislation. Due to this, parliaments are effectively required to enact legislation ...