Journey Towards Australia Independence

The journey toward Australia’s legal independence has been characterized by evolution not revolution, hence the lack of any one event and consequently a particular date to celebrate Australia’s legal independence. No particular dramatic event marked Australia’s gaining independence from England, Australian independence was gradual and incredibly slow, and in fact some would argue that it is still not wholly independent owing to residual links and the continuation of a British monarch as the Australian head of state.

Australian independence has been reached through largely informal progress with key moments being legal and political milestones enshrined in the statutes of the United Kingdom (UK) and Australia respectively. Examples of these statutes include the Statute of
The crowns authority in the lead up to 1986 was not merely symbolic in fact it exercised its judicial authority. Wherein a state’s judicial decisions could be overturned by a foreign court it cannot be said to be independent. The culmination of the journey of legal independence was only reached in 1986, which marked the final theoretical step toward independence. The Australia Act 1986 (Cwth) was designed to end appeals to the Privy Council, thus rectifying Australia’s judicial dependence upon the UK. The Australia Act 1986 (Cwth) and corresponding Australia Act 1986 (UK) ensured that Australian courts, with the exception of the High Court could not take appeals to the Privy Council. Theoretically it is still possible for some appeals to be taken under Section 74 of the Constitution however the Australia Act 1986 (Cwth) provides for the High Court of Australia being the final court of appeal in the Australian judicial