Common law and the Doctrine of Precedence are vital parts of the Australian legal system that enforces that cases of similar nature are treated in a similar way. This principle has been present within Australian courts since the country’s colonisation in 1788, and has continued to aid courts in the decision of verdicts to the current day.
Before the 13th century in England, trials for cases concerning the law were carried out through ways of feudal law, which is the notion that wealthy men known as lords would have power over people in a certain region, although this was abolished by King Henry II, who believed this system undermined his own power and rule. Another form of trialling for cases included various kinds of ordeals, as they were …show more content…
English common law became Australian common law in the beginning, although it was not seen as important as statute law; common law was more seen as being dormant and being something that would come into use once the country was properly colonised and a proper set of rules and laws was put into place. Once the settlements in Australia had established themselves, a natural order of society took place, which included the nature of crime and the trials that follow to deliver justice. Because of this, those involved in law enforcement as well as the individuals involved in court developed some Australia specific common laws to enforce across the colonies. Despite this new found power over laws and methods of punishment, all Australian legal decisions were governed over by the high courts in England. The Privy Council in England was named the highest court in Australian legal matters, and made all binding decisions for Australia’s lower courts. It was also the highest court for someone to appeal a legal decision to as well, even after Australia’s federation in 1901. It was only in the mid-70’s when Australia decided that the High Court of Australia would be named the highest court to appeal to and to make the binding decisions for lower courts. This change-over was possible due to the ‘Australia Acts’, which ended all power that the British legal system and courts that …show more content…
Their presence in the legal system is extremely important, even though the principles it holds aren’t important at all to statute laws. With their beginnings in medieval Europe through to the present day, they continuously aid lawyers, judges and others legal professionals in creating fair and consistent sentences, and creates a balance amongst society and its laws, which in present time, are some of the most fundamental values the legal system
Before the 13th century in England, trials for cases concerning the law were carried out through ways of feudal law, which is the notion that wealthy men known as lords would have power over people in a certain region, although this was abolished by King Henry II, who believed this system undermined his own power and rule. Another form of trialling for cases included various kinds of ordeals, as they were …show more content…
English common law became Australian common law in the beginning, although it was not seen as important as statute law; common law was more seen as being dormant and being something that would come into use once the country was properly colonised and a proper set of rules and laws was put into place. Once the settlements in Australia had established themselves, a natural order of society took place, which included the nature of crime and the trials that follow to deliver justice. Because of this, those involved in law enforcement as well as the individuals involved in court developed some Australia specific common laws to enforce across the colonies. Despite this new found power over laws and methods of punishment, all Australian legal decisions were governed over by the high courts in England. The Privy Council in England was named the highest court in Australian legal matters, and made all binding decisions for Australia’s lower courts. It was also the highest court for someone to appeal a legal decision to as well, even after Australia’s federation in 1901. It was only in the mid-70’s when Australia decided that the High Court of Australia would be named the highest court to appeal to and to make the binding decisions for lower courts. This change-over was possible due to the ‘Australia Acts’, which ended all power that the British legal system and courts that …show more content…
Their presence in the legal system is extremely important, even though the principles it holds aren’t important at all to statute laws. With their beginnings in medieval Europe through to the present day, they continuously aid lawyers, judges and others legal professionals in creating fair and consistent sentences, and creates a balance amongst society and its laws, which in present time, are some of the most fundamental values the legal system