Australian legal system
There exists a national legislature, with a power to pass laws of overriding force on a number of express topics.
These customs were and are passed on intergenerationally through oral tradition, often incorporated within cultural works such as songlines, stories and dance.
The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character.
Although legality was not always observed, the courts limited the powers of the Governor, and the law of the colony was at times more egalitarian than in Britain.
[14] Representative government emerged in the 1840s and 1850s, and a considerable measure of autonomy was given to local legislatures in the second half of the nineteenth century.
[15] Colonial Parliaments introduced certain reforms such as secret ballots and female suffrage, which were not to occur in Britain until many years later.
Complete legislative independence was finally established by the Australia Act 1986, passed by the United Kingdom Parliament.
It removed the possibility of legislation being enacted at the consent and request of a dominion, and applied to the States as well as the Commonwealth.
Legislative independence has been paralleled by a growing divergence between Australian and English common law in the last quarter of the 20th century.
[19][20] Australia's constitution 'establishes the form of the federal government and sets out the basis for relations between the Commonwealth and the states'.
The division of the three branches of government into chapters is understood to establish a Separation of Powers doctrine in Australia.
E.g. the constitutional doctrines of responsible government, and the requirement of the governor-general to accept the advice of the prime minister.
Nevertheless, some restrictions upon Commonwealth power have been recognised by implications drawn constitutional sections unconcerned with the establishment of rights.
The stipulations of Section 7 and 24 that the members of the respective Commonwealth legislatures be 'directly chosen by the people'; have been interpreted by the High Court as giving rise to doctrines protecting freedom of political communication, and a right to vote.
(see also: Marbury v. Madison) The legislative powers of the federal Parliament are limited to those set out under an enumerated list of subject matters in the Constitution.
[34] Until 1963, the High Court regarded decisions of the House of Lords binding,[35] and there was substantial uniformity between Australian and English common law.
[38] Treaties are not automatically incorporated into Australian domestic law upon signature or ratification (aside from those terminating a state of war).
