LLB1100 Lecture Notes - Lecture 2: Constitution Of Australia, Protectionism, Terra Nullius
Document Summary
Australian legal history- australia(cid:859)s legal development is an important part of the country(cid:859)s social and political history. A (cid:858)th(cid:396)ee (cid:449)ay dispute(cid:859) a(cid:271)out power between king, the common law and parliament. Common law imposed restrictions on kings authority. As society developed and became more organised the king had to appoint decision-makers, which went on to become precursors to the courts (then subservient to king). Under the authority of the king there were people arbitrating disputes and people exercising the control of the king. Common law = custom from time immemorial. Common law flexible refined wisdom of the ages. Artificial reason cases had to be interpreted rules and principles learned and applied. Bill of rights 1689 limits the royal prerogative. Some prerogatives remains eg in relation to colonial affairs (nb role of privy council) The(cid:396)efo(cid:396)e, co(cid:373)(cid:373)o(cid:374) la(cid:449) a(cid:374)d pa(cid:396)lia(cid:373)e(cid:374)t a(cid:396)e aust(cid:396)alia(cid:859)s la(cid:449)-making bodies, however there is still a role, however diminished, for the crown.
