Development of Legal Independence of the Australian Legal System

Running head: AUSTRALIAN LEGAL SYSTEM
Australian Legal System
Name of the Student
Name of the University
Author Note

1AUSTRALIAN LEGAL SYSTEM
Question 1:
Part 1:
The development of legal independence of the legislature of Australia:
1787- 1820s:
It is noteworthy to mention here that from the period of 1787-1820 was governed by the
autocratic rule of the New South Wales by the governors appointed in London1. In this regard, it
can be observed that the timeline of the development of legal independence of the legislative
framework of Australia started from 1787 in which Arthur Phillip was commissioned to initiate
the establishment and govern the newly formed British colony of the New South Wales in 17882.
The governors of New South Wales were at the obligation to put into effect the statutes and
common laws of England. With the advent of five single men and two families who has been
recognized as the first free settlers in 1793 there developed signs of changes3. As a result of it,
the number of free settlers increased considerably and therefore the demand for democratic
changes arose. Similarly, with the evolution of future government system, the first court of
justice developed in Australia in 1797. The Second Charter of Justice for New South Wales was
stabled in 1814 which significantly defined the structure of civil court system. It was argued by
jurists that the application of new provisions were required which has to be consistent with the
English laws to the extent permitted by the colony4. Due to this reason disagreement arose
1 Davis, Kevin E., and Mariana Mota Prado. "Law, Regulation and Development." Development: Ideas and
Experience(2014).
2 Nepal, Rabindra, Flavio Menezes, and Tooraj Jamasb. "Network regulation and regulatory institutional reform:
Revisiting the case of Australia." Energy Policy 73 (2014): 259-268.
3 Guerriero, Carmine. "Endogenous legal traditions and economic outcomes." Journal of Comparative
Economics 44.2 (2016): 416-433.
4 Preston, Brian J. "Characteristics of successful environmental courts and tribunals." Journal of Environmental
law 26.3 (2014): 365-393.

2AUSTRALIAN LEGAL SYSTEM
among the settlers. The governors were acting outside their authorities in England and in New
South Wales which created conflict with the existing English laws5. Therefore, the nature of the
legislation can be referred to as colonial.
1850s- 1870s:
The 1850s was considered to be a golden decade in the history of Australian government.
It was observed that in 1850 the Imperial Parliament passed the Australian Colonies Government
Act which enhanced the creation of independent self-governing colonies. Such self-governing
bodies had their Legislative Councils situated in the model of New South Wales- South
Australia, Tasmania and Victoria. In recent era, the three self-governing colonies are not a part of
New South Wales. However, this affected the population status of New South Wales with the
separation of the three distinct self-governing bodies. The period of 1850-1870s marked the end
of the period of representative government under the patronage of the Governor and the
Legislative Council. In 1856, the New Parliament and Executive Council developed in New
South Wales which comprised of new and qualified legislative assemblies. In addition to this it
can be observed that with the establishment of the responsible government in 1856 it proved to
be beneficial for the liberal democratic government however; the right to equal vote and election
were not developed. The landowners were only entitled to cast votes which changed with the
advent of the Electoral Reform Act the power of right to vote was entrusted to all the individuals
of New South Wales. It was observed that in spite the right to vote was vested with the
individuals by 1858 few members could afford voting rights as they were not paid until the
beginning of 1880s. It is true that the electoral candidates required money for election campaigns
5 Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners
involved in sentencing Indigenous Offenders: Will anyone or anything do." UNSWLJ 37 (2014): 1.

3AUSTRALIAN LEGAL SYSTEM
however; no such political development took place to meet the expenses of the electoral
members.
1850s-1890s:
It can be observed that during 1865 the British laws could be amended and repealed by
the Colonies of Australia. In this regard, the Colonial Laws Validity Act came into being which
were still under the bondage of British statutes and provisions which were efficiently applied to
the Australian Colonies. During the period from 1850s to 1890s both the Houses of Parliament
expanded over time and thereby new appointments were made for the purpose of meeting the
upcoming requirements6. However, the Australian Colonies were fast developing and in this
regard the economic development marked a turning phase in the history of Australia with the
evolution of Gold Rushes7. The advent of Gold Rushes significantly changed the economic and
social condition of the Australian Colonies. The Legislature addressed effectively to the
requirements of the Australian Colonies. From the very beginning New South Wales has been
regarded as a Free Trade State which rose to predomination during 1880s and 1890s8. As a result
of the existence of Free Trade Policy, goods were easily imported into New South Wales without
any obstacles. Therefore, local industries could easily compete with international enterprises
within an open market. During the period of 1850s-1890s, the social structure of the Australian
Colonies has also undergone major changes9. It was expected on the part of the government
authorities to focus on public services such as railways, water supplies and custom duties.
6 Albert, Richard. "Constitutional amendment by constitutional desuetude." The American Journal of Comparative
Law 62.3 (2014): 641-686.
7 Zwart, Melissa de, Sal Humphreys, and Beatrix Van Dissel. "Surveillance, big data and democracy: Lessons for
Australia from the US and UK." UNSWLJ 37 (2014): 713.
8 Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners
involved in sentencing Indigenous Offenders: Will anyone or anything do." UNSWLJ 37 (2014): 1.
9 Meagher, Dan. "The principle of legality as clear statement rule: significance and problems." Sydney L. Rev. 36
(2014): 413.