Doctrine of reception of English Law into Australia.

             Australia today is a country that is equipped with a complete and effective legal
             system so as to provide fairness and justice to its people. But having an effective legal
             system did not come to the minds of the law makers overnight. In fact, the pain staking process of establishing Australia's legal system took over two centuries to date! The legal system has been expanding since the times when a much different system that was applied by the Aborigines before it was declared terra nullius to the time the Native Title Act was made and also to the severing of ties of Australia and UK by Australia Act 1986 both Commonwealth and Australia. Australia's legal system has been expanded, changed and modified in so many ways to have become the legal system it is now.
             One might wonder how did Australia today come about. Previously, England used to transport its prisoners to the American colonies. Sadly, the exiling of its prisoners into its American colonies did not stay for long as the American colonies began to have drastic changes from its American Revolution. It was necessary to look for another alternative to transport its prisoners. So Captain Cook was instructed in the 1770s to look and take possession of places that was found to be suitable with two methods available. One was to ask for the native's agreement for its land and the other, to claim ownership by declaring it 'terra nullius' simply meaning no man's land or no inhabitants. Captain Philip formally claimed the asserted British territorial sovereignty in Australia for King George on the 26th January 1788 by carrying out formal acts of annexation. This proved that Australia was acquired under the false belief that it was uninhabited land that belonged to no one and therefore applied the notion of 'terra nullius'. This method 'terra nullius' has been argued countless of times in certain court hierarchies and has contri...

More Essays:

APA     MLA     Chicago
Doctrine of reception of English Law into Australia.. (1969, December 31). In MegaEssays.com. Retrieved 07:52, May 08, 2024, from https://www.megaessays.com/viewpaper/99555.html