Essay on Austraian Legal Sysytem

Submitted By JenyShahi1
Words: 550
Pages: 3

* 1900: * The British Parliament passed the Australian Constitution Act 1900 (Imp) * 1901: * The Commonwealth of Australia came into existence on 1 January * The colonies (now States) gave up powers, rights and duties to the new central government, but retained their individual identities and a great deal of legislative authority
I n Australia, We have common law system, which is based on those countries whose development was influence by British colonialism. Looking at the history of Australia, at 1900 the Australian constitution united the colonies in a federation.The British parliament passed the Australian constitution Act and in 1901 .The colonies gave up powers, rights and duties to the new central government, but retained their individual identities and a great deal of legislative authority. The federation involves the division of power between commonwealth and state. The constitution comprises of rules which control the power, authority and operations of a parliament. In Australia each state has its own constitution. The commonwealth constitution consists of federal government the federal parliament and federal courts, the territories and creation of New South Wales. The federal government has specified powers under the commonwealth Constitution to make laws applying across Australia, while the government of the state and territories also have power under their own constitution to make their own laws which will apply within their own boundaries
The commonwealth parliament has exclusive legislative power in only few areas given to it under commonwealth constitution for example custom, defence, excise, military force, notes and currencies with the bulk of power is still held by state government in wide range of areas. The concurrent power is shared by both commonwealth and state constitution which are banking, insurance, taxation and industrial relation. The residual powers are the power of state constitution only. A state can give a residual power to the commonwealth if it wishes to. State constitution authorises state legislation for the peace, order and good governance of the state including laws having external territorial operation. The example of residual power are transportation, education, government locals.…