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Trust Essay

2560 words - 10 pages

Political and Legal Studies The Development of Australian Democracy Introduction The development of the Australian democratic system has been underway since the first English settlement of Australia in 1788. Modern day Australian law and the parliamentary system are based on the arrangement of both the English and the American systems. In this report I will outline the basis of law within Australia, the development of both the State and Federal parliaments, the development of the voting systems within Australia, the role and development of the Australian constitution and the effectiveness of liberal democracy in modern day Australia.The Basis Of Law In Australia The foundation of Australian law derives from English law. Australian law was originally formed upon the idea that no person or group was in possession of any part of what we now call Australia. After Captain James Cook claimed Australia in 1771, Captain Arthur Phillip settled Australia in 1788. In 1788 New South Wales was first classified as a "?settled colony' and received law from the rule of England. The colonies legal system was confined to maintaining discipline among convicts and military guards. In 1814 the first Supreme Court of Australia, in New South Wales was established to hear only civil matters. The opening of the New South Wales Supreme Court marked the beginning of Australian case law. In 1828 the Supreme Court was permitted to hear Criminal cases by the parliament of England. It's establishment helped to increase the use of English law in New South Wales and Australia. As colonial legislatives emerged and colonies started enacting their own statutes conflicts began between colonial law and imperial law.In 1828 imperial legislation provided that all English law should operate in the Australian colonies. This imperial statute was to be applied in colonies and was considered a paramount force to override existing colonial law. Colonial legislature had no power to pass a law that was repugnant to the imperial statute. Imperial controls restricted the colonial governments and courts. This legislation forced Australian government and courts to abide by English law. These imperial controls were later brought formally to an end in 1986.The British Parliament formally had exclusive power until the Australia Act adopted in 1986 ended the British supremacy. The Australia Act official long title is "?An Act to bring constitutional arrangements affecting the commonwealth and the states into conformity with the status of the commonwealth of Australia as a sovereign, in "?"?"?"?..'.The legal system in Australia, like the British system is based on the political and philosophical ideal called the Rule of Law. Under the Rule of Law a person's relations with another person is governed by law and not by force. The Rule of Law also makes clear that no person should be deprived of life, liberty and property, except in the due process of law. A person is entitled to a fair trial in an open...

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