Legal System

Australian Law

Also Known As Law of Australia

Common Law Family

Australian law is substantially derived from the English legal system, which superseded Indigenous Australian customary law as the country was colonized. Since federation, Australia has operated as a common law jurisdiction under a written constitution adopted in 1901, one notable for containing no bill of rights, so that individual protections have instead been built up through judicial interpretation of the constitution's other provisions. The system is federal: the national Parliament exercises only the specific powers enumerated in the Constitution, while the states retain a broader residual legislative authority, and the High Court of Australia sits at the apex of the judiciary with final say over the interpretation of the law. Full legal independence from Britain came only in 1986, when the Australia Act ended the possibility of legislation being enacted for Australia at Britain's request and abolished remaining appeals to the Privy Council, formalizing a divergence between Australian and English common law that had already been under way for decades.

Australia's legal system combines a written constitution, unwritten constitutional conventions, statutes, regulations and a judicially developed common law, with its institutions and traditions substantially derived from English law, which superseded Indigenous Australian customary law during colonization. Australia is a common law jurisdiction and its common law is the same across every state and territory, operating under a federal constitution that gives the national parliament power to legislate with overriding force on a set list of subjects while the states keep their own courts and parliaments and hold plenary power of their own. The High Court is Australia's apex court, hearing appeals from every other court in the country and holding original jurisdiction of its own; Indigenous Australian systems of customary law were deliberately disregarded by the colonial legal system and have only been recognized as legally important by Australian courts to a limited degree in the post colonial era. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts

Origin Year

1901 2

Example Jurisdictions

Australia 2

Example Jurisdictions

Australia. 2

Primary Source of Law

A written constitution, unwritten constitutional conventions, statutes and regulations, together with the judicially determined common law. 2

Classification

Legal Family

Common Law 1

Australian Law

1 entry

Era

Authored By

Group Tree

Country or Jurisdiction

Constitution of Australia

Australian Law

Connections

In Legal Family

Common Law

In Legal System

Common Law

Legal-system family: Common Law Family, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Includes

Aboriginal Land Rights (Northern Territory) Act 1976

Source Aboriginal Land Rights (Northern Territory) Act 1976 (Wikipedia)

Adrian Knox

Source Adrian Knox (Wikipedia)

Albert Piddington

Source Albert Piddington (Wikipedia)

Anthony Gates

Source Wikidata: Anthony Gates

Additional Source Anthony Gates (Wikipedia)Wikipedia category: Australian judges on the courts of Fiji

Anthony Mason

Source Anthony Mason (judge) (Wikipedia)

Australia Act 1986

Cassandra Goldie

Source Wikidata: Cassandra Goldie

Additional Source Cassandra Goldie (Wikipedia)Wikipedia category: Australian women academics

Charles Powers

Source Charles Powers (Wikipedia)

Chris Baker

Source Chris Baker (politician) - Wikipedia

Commonwealth Industrial Court

Source Commonwealth Industrial Court (Wikipedia)

Constitution of Australia

Cyril Walsh

Source Cyril Walsh (Wikipedia)

Daryl Dawson

Source Daryl Dawson (Wikipedia)

Dorothy Shea (Librarian)

Source Dorothy Shea (librarian), Wikipedia

Douglas Menzies

Source Douglas Menzies (Wikipedia)

Drug courts in Australia

Source Drug courts in Australia (Wikipedia)

Dudley Williams

Source Wikidata: Dudley Williams

Additional Source Dudley Williams (judge) (Wikipedia)Wikipedia category: Australian law biography stubs

Dyson Heydon

Source Dyson Heydon (Wikipedia)

Edmund Barton

Source Wikidata: Edmund Barton

Additional Source Edmund Barton (Wikipedia)Wikipedia category: 19th-century Australian lawyers

Edward McTiernan

Source Edward McTiernan (Wikipedia)

Federal Court of Australia

Source Wikipedia: Federal Court of Australia

Frank Gavan Duffy

Source Frank Gavan Duffy (Wikipedia)

Frank Kitto

Source Wikidata: Frank Kitto

Additional Source Frank Kitto (Wikipedia)Wikipedia category: 20th-century Australian lawyers

Garfield Barwick

Source Garfield Barwick (Wikipedia)

Geoffrey Nettle

Source Geoffrey Nettle (Wikipedia)

George Rich

Source George Rich (Wikipedia)

Georgie Dent

Source Georgie Dent (Wikipedia)

Gerard Brennan

Source Wikidata: Gerard Brennan

H. B. Higgins

Source H. B. Higgins (Wikipedia)

H. V. Evatt

Source H. V. Evatt (Wikipedia)

Harry Gibbs

Source Wikidata: Harry Gibbs

Additional Source Harry Gibbs (Wikipedia)Wikipedia category: Judges of the Supreme Court of the Australian Capital Territory

Hayden Starke

Source Hayden Starke (Wikipedia)

Hilary Charlesworth

Source Wikipedia: Hilary Charlesworth

Ian Callinan

Source Ian Callinan (Wikipedia)

Immigration Restriction Act 1901

Source Immigration Restriction Act 1901 (Wikipedia)

Isaac Isaacs

Source Isaac Isaacs (Wikipedia)

Jacqueline Gleeson

Source Jacqueline Gleeson (Wikipedia)

James Edelman

Source Wikidata: James Edelman

Additional Source James Edelman (Wikipedia)Wikipedia category: Jewish Australian academics

Jayne Jagot

Source Wikidata: Jayne Jagot

Additional Source Jayne Jagot (Wikipedia)Wikipedia category: Judges of the Supreme Court of the Australian Capital Territory

John Finnis

Source Wikidata: John Finnis

John Latham

Source John Latham (judge) (Wikipedia)

John Toohey

Source John Toohey (judge) (Wikipedia)

Keith Aickin

Source Keith Aickin (Wikipedia)

Kenneth Hayne

Source Kenneth Hayne (Wikipedia)

Kenneth Jacobs

Source Kenneth Jacobs (judge) (Wikipedia)

Laurence Street

Source Wikidata: Laurence Street

Lionel Murphy

Source Lionel Murphy (Wikipedia)

Magistrates Court of South Australia

Source Magistrates Court of South Australia (Wikipedia)

Mary Gaudron

Source Mary Gaudron (Wikipedia)

Mary Tenison Woods

Source Wikidata: Mary Tenison Woods

Showing 1 to 50 of 76 in Includes, page 1 of 2.

In the Other Atlases

Found In

Australia

Also in Geography Atlas: where this subject is found.

Sources

1. Wikipedia: Australian legal system

Australia is a common-law jurisdiction, its court system having originated in the common law system of English law
Australia is a common-law jurisdiction
In Group: Common Law in Australasia and the Pacific, Introduction, sentence 1
The legal system of Australia has multiple forms.

Constitution of Australia

In Legal Family

In Legal System

Includes

Found In

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