Law and welfare of society

Introduction Where does Australian lawfulness come from? This analyse looks at how Australian law originated. The past and the present is explored which provides an insight into the power structure of laws in spite of appearance Australia specifically the Commonwealth law, the private State laws and jet law. The conk out part of the essay explains the differences between two mutual salmagundi of laws; civil and pitiful law. The History The law in use in Australia is for the most part based on the law of England. Australia was colonised by the British in 1788. Prior to that Aborigines inhabited Australia and had their own establishment of customary laws. The Aboriginal system of laws were disregarded by settlers and as declared by turner (2005, p. 24) the new territory was regarded for pragmatic purposes as being unoccupied (that is, terra nullius), without its own colonised inhabitants or settled law. Instead, the law of England was put in its place. Therefore, the s ettlers did not get situated any Aboriginal rights and customs. It was not till recently that the common law recognised that there was a form of endemical title: Mabo v Queensland (No 2) (1992) 175 CLR 1. In brief, the decision get at was that indigenous people have rights to land down the stairs the Australian law, rights that existed before colonisation till present. The Native title do work 1993 was the outcome of this decision.

This did not, however, change Australias classification as a settled colony instead of a conquered one. As outlined by Turner (2005, p.25), the colony had originally been a penal c olony under the rule of successive Governors! . In 1823, with the increase in the proceeds of free settlers, the British parliament made provision for the root of formal English law in the colony. In 1828, the Australian Courts Act was passed by the British parliament. This made... If you want to get a full essay, order it on our website: OrderCustomPaper.com

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