ADMJ 101 Lecture Notes - Lecture 21: Terra Nullius, Low-Density Lipoprotein, Judiciary Of Australia
Document Summary
Custom" can be used in a number of senses the conventions of parliamentary practice in constitutional law; and the customary commercial practices of business people. These customs are not enforceable in a court of law but are sufficiently ingrained in practice that they are seldom ignored. Customary law/lore - a body of rules, norms and traditions which are accepted and enforced within a community. When australia was colonised, it was assumed that indigenous law was not sufficiently developed to be usefully recognised and enforced. The law was not written down, nor was it necessarily uniform throughout the continent. 2 (1992) 175 clr : high court of australia (hca) held no customary indigenous law is directly enforceable in australian courts (but native title to land may have survived ) Indigenous law may be taken into account by the australian legal system (eg, in sentencing). Indigenous law may still operate as a matter of fact.
