logo

The New South Wales Act 1823 (UK)

10 Pages2288 Words268 Views
   

Added on  2020-03-02

About This Document

In this assignment, we will get to know about LEGAL SOCIETY. In this we discussed two parts in part a we discussed about  When James Cook in 1770 covered the east coast line of Australia he claimed that the exploration was made in relation to a British territory. The act of Jamescook had been justified years latterthrough the doctrine of terra nullius. In part b we talked about The legal system of Australia had been developed in accordance to the legal system of Britain which was included in the system as a part of making Australia a British colony.

The New South Wales Act 1823 (UK)

   Added on 2020-03-02

ShareRelated Documents
Running head: LEGAL SOCIETY Legal SocietyName of the studentName of the universityAuthor note
The New South Wales Act 1823 (UK)_1
1LEGAL SOCIETYPart 1Before the phase of settlement Europeans merely acted as explorers. When James Cookin 1770 covered the east coast line of Australia he claimed that the exploration was made inrelation to a British territory. It was clear that no consultation had been done with the indigenouspeople along with entrance if no treaty. The act of James cook had been justified years latterthrough the doctrine of terra nullius (the land to nobody). In 1785 Orders-in-Council were issued by London which initiated the establishment of acolony in Botany Bay. Arthur Philip who had been appointed the governor-designate of the newly formedcolony in 1786 created a detailed memorandum establishing that the laws of UK would beapplicable in Australia and no slavery was allowed. In the year 1827 the first test of the doctrine was initiated in the court of NSW in the caseof R v Tommy,[1827] NSWSupC 70 Supreme Court of NSW (24 November 1827) accordingto the case only when the issue was related to natives and the settlers were the natives imposedon by British laws. The New South Wales Act 1823 (UK) had been passed to proclaim Tasmania as a spatecolony for that of NSW. The Colonial Laws Validity Act 1865 was passed to establish a relationship betweencolonial and imperial legislations. According to the legislation the colonial act was fully effective in the respective colonyhowever is should not have any contradictory law to the imperial legislations. The legislation
The New South Wales Act 1823 (UK)_2
2LEGAL SOCIETYprovided authority to colonial law making however in addition established that they aresubordinate to the British parliament. The first formal step towards making the colonies federal was through the FederalCouncil of Australasia in the year 1885. However it was a weal and non legislative step. Twoconstitutional conventions had been initiated and adopted a constitution derived from American,British and other models. The constitution was provided approval by the six colonial voters. The constitution was then passed alongside some amendments which included provisionsof appeals to the London Privy Council in form of a British parliament Act and came to beknown as the Commonwealth of Australia Constitution Act 1990. The legislation was initiated on 1st January 1901 and marked the beginning of thecommonwealth of Australia. However it was latter imposed by the British government that anyAustralian law would be eligible to be replaced by British monarchs within a year but this powerwas never exercised. In the mid 1920s the British governments established full legislative autonomy of thedominions. The legislative effect was given to this rule in the year 1931 through the Statue ofWestminster 1931. The effect by the statue was taken in the year 1942 when the Statue of WestminsterAdoption Act 1942 passed. The application of the legislation repealed the Colonial Laws Validity Act 1865.
The New South Wales Act 1823 (UK)_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Mabo Case [No.2] and its Impact on the Australian Legal System
|10
|2094
|294

Assignment on Creation of the Australian Constitution
|4
|961
|72

Development of Legal Independence of the Australian Legal System
|18
|5709
|192

Indigenous Representation in Australian Society
|5
|1119
|388