Political and Legal Studies The Development of Australian Democracy Introduction The development of the Australian democratic system has been underway since the first English settlement of Australia in 1788. Modern day Australian law and the parliamentary system are based on the arrangement of both the English and the American systems. In this report I will outline the basis of law within Australia, the development of both the State and Federal parliaments, the development of the voting systems within Australia, the role and development of the Australian constitution and the effectiveness of liberal democracy in modern day Australia.
The Basis Of Law In Australia The foundation of Australian law derives from English law. Australian law was originally formed upon the idea that no person or group was in possession of any part of what we now call Australia. After Captain James Cook claimed Australia in 1771, Captain Arthur Phillip settled Australia in 1788.
In 1788 New South Wales was first classified as a "?settled colony' and received law from the rule of England. The colonies legal system was confined to maintaining discipline among convicts and military guards. In 1814 the first Supreme Court of Australia, in New South Wales was established to hear only civil matters. The opening of the New South Wales Supreme Court marked the beginning of Australian case law. In 1828 the Supreme Court was permitted to hear Criminal cases by the parliament of England. It's establishment helped to increase the use of English law in New South Wales and Australia. As colonial legislatives emerged and colonies started enacting their own statutes conflicts began between colonial law and imperial law.
In 1828 imperial legislation provided that all English law should operate in the Australian colonies. This imperial statute was to be applied in colonies and was...