The Australian Legal System
The Australian Legal System
Overview * The continent now known as “Australia” has a very long history of occupation * Aboriginal people have lived on the continent for at least 40 000 years. European settlement of the continent has been relatively recent
Aboriginal Culture * When English settlers arrived at Sydney cove in 1788, there were approximately 500 aboriginal tribe living in different parts of the continent. The combined population of the tribes is thought to have been approximately 315,000
Customary Law * The members of each aboriginal tribe observed detailed rules of conduct. The collection of rules observed by the tribe is today referred to as customary law (or tribal law) * Customary law was very different from modern Australian law * Customary law has been recognised as a genuine legal system * In 1971, the federal court of Australia examined the traditional way of life of the Yolngu people of Arnhem Land. Justice Blackburn had this to say about the regulation of tribal affairs among the Yolngu
English Settlement in Australia * English colonisation of the continent of Australia occurred on 26 January 1788 with the arrival of the First Fleet at Port Jackson
Terra nullius * In the 1700s, new territory discovered by England was classified as either: * Territory acquired by treaty or military victory in which cases the existing legal institution was retained * Territory that was terra nullius i.e the inhabitants were not recognised and the English legal system applied * For Australia terra nullius was applied * Customary law ( the legal system of the local aboriginals) was not recognised by the British crown nor by the settlers themselves
Early Colonial law * In it’s early years, the colony of NSW was a penal colony (prison settlement). Most settlers who arrived with the First Sleet were convicts who has been transported to the colony as punishment for their crimes
Colonial Law
Overview * The continent now known as “Australia” has a very long history of occupation * Aboriginal people have lived on the continent for at least 40 000 years. European settlement of the continent has been relatively recent
Aboriginal Culture * When English settlers arrived at Sydney cove in 1788, there were approximately 500 aboriginal tribe living in different parts of the continent. The combined population of the tribes is thought to have been approximately 315,000
Customary Law * The members of each aboriginal tribe observed detailed rules of conduct. The collection of rules observed by the tribe is today referred to as customary law (or tribal law) * Customary law was very different from modern Australian law * Customary law has been recognised as a genuine legal system * In 1971, the federal court of Australia examined the traditional way of life of the Yolngu people of Arnhem Land. Justice Blackburn had this to say about the regulation of tribal affairs among the Yolngu
English Settlement in Australia * English colonisation of the continent of Australia occurred on 26 January 1788 with the arrival of the First Fleet at Port Jackson
Terra nullius * In the 1700s, new territory discovered by England was classified as either: * Territory acquired by treaty or military victory in which cases the existing legal institution was retained * Territory that was terra nullius i.e the inhabitants were not recognised and the English legal system applied * For Australia terra nullius was applied * Customary law ( the legal system of the local aboriginals) was not recognised by the British crown nor by the settlers themselves
Early Colonial law * In it’s early years, the colony of NSW was a penal colony (prison settlement). Most settlers who arrived with the First Sleet were convicts who has been transported to the colony as punishment for their crimes
Colonial Law