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Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation.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 High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia.It is a written constitution, which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system.
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures.
[6] Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime. Law has an overarching doctrine of reasonableness. It is derived from a hypothetical reasonable person, a standard by which a law is explained to a jury. The reasonable person, and ...
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.
Currently in Australia, there is no constitutional system where there is a complete separation of powers. [2] In the Westminster system, ministers (executive) are required to sit in Parliament (legislative). This is to adhere with the concept of Responsible Government, which is a requirement of section 64 of the Constitution. [3]
The High Court of Australia is the apex court of the Australian legal system. [2] It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903. [3]