Search results
Results from the WOW.Com Content Network
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Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation.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 ...
Before Federation, each Australian colony had a two- or three-tiered judicial system with a Supreme Court at its apex. [1] The colonial Supreme Courts followed the model of the Supreme Court of Judicature of England and Wales, as the High Court of Justice was known from the 1870s, when it was established by the Judicature Acts. [2]
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]
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 ...
The Laws of Australia is an encyclopaedia of the laws of Australia. Published by Lawbook Co. , it is one of the two foremost legal encyclopaedias in Australia, the other being Halsbury's Laws of Australia by LexisNexis. [1] The Laws of Australia, like other legal encyclopaedias, provides a summary on the current state of laws of Australia ...
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;
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.