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In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. [1] Based on Australian common law, it is a prerequisite of most police powers (including arresting without a warrant, [2] searching without a ...
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 ...
Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation.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 ...
The rationale for legal professional privilege in an Australian context has been explained in the following ways: [2] encouraging full disclosure of information by a client to a lawyer; promoting compliance with the law by enabling lawyers to give full and considered advice on a client's legal obligations;
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian ...
The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States.At the end of the 19th century, the British constitutional theorist A. V. Dicey argued that there should be no separate system of administrative law such as the droit administratif which existed in France.
The colony was formally proclaimed by Governor Phillip on 7 February 1788 at Sydney. Though the settlement was a military prison, and Phillip had full power as governor, the colony also had a civil administration and courts of law. The application of English law to the Indigenous population remained unsettled however. [8]
The State law, though enacted with full procedural validity, merely ceases to have operative force. Hence, in order for s.109 to come into operation at all, there must be a valid State law and a valid Commonwealth law. [3] When s.109 takes effect, the State law yields to the Commonwealth law, but remains a valid law of the Parliament which ...