Legal systems can be dated back to the ancient peoples. There are many different legal systems that have evolved in other parts of the world. There are two types of legal system, the secular and religious legal system. It is argued that the Australian legal system is radically different to other legal systems. This, however, is not the case through findings and comparison with the Madayin legal system and Talmudic Jewish legal system. There are many similarities found such as the outcome that all legal systems thrive to achieve, the authority figures, the adaptabilities of the laws, origins of laws, and the teachings.
There are many wonders in life in which asks the bigger questions such as the origins of moral judgment in humans. It leads …show more content…
In order to support this idea, the history of the Australian legal system should be discussed. Australia is a common law country and the history of the Australian legal system stems from English common law system.2
Common law is judge made laws that are created based around areas that are not included. The judges are required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.3 The Australian legal system arrayed during the First Fleet, in which the British Parliament passed legislation and Letter Patents to create the criminal and civil courts when colonies were set up in Australia.4 Furthermore, it also granted the colonies to set up its own local system of government, called the ‘responsible government’, in which it allowed the colonies to create its own …show more content…
However, even though there are various sources that protect the rights of humans in the Australian legal system, there are many cases in which issues, gaps or ambiguities are found in legislation and common law. In order to combat with issues such as these, the courts can incorporate international concepts and norms into domestic law.13 An example of this would be the case of Toonen v Australia, a
Tasmanian homosexual complained in 1992 to the United Nations Humans
Rights Committee regarding the Tasmanian Criminal Code, in which it
There are many wonders in life in which asks the bigger questions such as the origins of moral judgment in humans. It leads …show more content…
In order to support this idea, the history of the Australian legal system should be discussed. Australia is a common law country and the history of the Australian legal system stems from English common law system.2
Common law is judge made laws that are created based around areas that are not included. The judges are required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.3 The Australian legal system arrayed during the First Fleet, in which the British Parliament passed legislation and Letter Patents to create the criminal and civil courts when colonies were set up in Australia.4 Furthermore, it also granted the colonies to set up its own local system of government, called the ‘responsible government’, in which it allowed the colonies to create its own …show more content…
However, even though there are various sources that protect the rights of humans in the Australian legal system, there are many cases in which issues, gaps or ambiguities are found in legislation and common law. In order to combat with issues such as these, the courts can incorporate international concepts and norms into domestic law.13 An example of this would be the case of Toonen v Australia, a
Tasmanian homosexual complained in 1992 to the United Nations Humans
Rights Committee regarding the Tasmanian Criminal Code, in which it