Essays Tagged: "australian law"
Was Australia's participation in Iraq illegal?
r there is merit in the debate, in terms of the extent to which International resolutions influence Australian Law. Then, we will then further consider whether Australian courts are able to intervene ... w will ultimately determine the legality of the conflict in Australia.It is generally accepted that Australian law does not recognise the conditions of international treaties as enforceable, unless th ...
Subjects: Law & Government Essays > Law > Issues
Australian Law Assignment Discuss the elements of the law of negligence highlighting recent developments.
Australian Law AssignmentQuestion: The test in Australia has been applied as a two part test, one of ... Chapman's negligence, none of this would have happened in the first place.The case was sent to the Australian High Court where they were required to consider whether Chapman owed a duty of care to Dr ...
Subjects: Law & Government Essays > Law
Native title Act
The decision of the High Court in Mabo v Queensland (No.2) was a major development in Australian law, a historic wrong was righted. The judgment received a wide ranging national respons ... re left as intruders in their own homes...to deny these facts would be to deny part of ourselves as Australians. Thus it can be said that the powerful symbolic value of Native Title Act is used to c ... any calls for Federal Government legislation to water down Mabo. It was proposed if non-Aboriginal Australians are to live in future peace and harmony with Australian indigenous people, we should be ...
Subjects: Law & Government Essays
WHAT IS MEANT BY THE TERM "UNCONSCIONABLE CONTRACT"?
ONIn the past fifteen years the concept of unconscionablitity has become a significant theme in the Australian law of contract. Liberal theories, which locate freedom of contract as central, have been ... a, conscionability is so imperative that it needs to be taken into account and in legislating laws. Australian legislative institution has adopted unconscionable contract, the major intention is to en ...
Subjects: Law & Government Essays
Critical Analysis of Differing Approaches in Legal Reasoning.
When a judgment is made in Australian law, it is apparent that there can often be differing approaches taken when attempting to ... nt, by taking into account the method of reasoning and authority the judge utilized. In the case of Australian Capital Television Pty Ltd v Commonwealth (1992) (the Australian Capital Television case) ... re taken to heart. This may involve making an alteration to the law, or initiating per incuriam.The Australian Capital Television case was with regard to Pt IIID of the Broadcasting Act 1942 (Cth) (Th ...
Subjects: Law & Government Essays > Law
Is Australia's 'Pacific Solution' valid at international law?
The Australian government uses a rhetoric of fear when discussing refugees and asylum seekers by using s ... horised entry', 'SIEV' (suspected illegal entry vessel), and 'terrorist', putting into the minds of Australians the misconception that refugees who seek asylum in our country are somehow performing an ... e. There are many NGOs and high profile individuals who have clearly stated that the actions of the Australian government in their handling of the 'Pacific Solution' violate international law, as well ...
Subjects: Law & Government Essays > Military & International Conflicts & Security
Basic Functions of Law in Australia
These following notes will cover these topics: (Australian Law System)The Functions of law, Social Cohesion,Social,Progress,Sources of law,Parliamen ... ses- Protection of the environmentSources of lawAll laws in Australia originate from two sources:1. Australian Parliaments2. CourtsParliament made lawFeatures:Parliament makes laws because the constit ... where the state acts as a representative of the people as a whole eg. DPP prosecuting offenders.The Australian Constitution and administrative laws necessary to make Government function effectively.Pr ...
Subjects: Law & Government Essays > Law
Evaluate the effectiveness of Aboriginal Customary Law compared with Australian law in regards to punishment and ownership.
In 1788, British law overrode Aboriginal customary law in Australia. Although only Australian Law (of a Common Law legal system) is officially recognised nowadays, customary punishmen ... system) is officially recognised nowadays, customary punishments have been adopted in several cases.Australian Law and Customary Law are very different. The statement - "Law is based on individual and ... atement - "Law is based on individual and community beliefs and values. These concepts are true for Australian Law and for Customary Law" - suggests that differences between the legal systems arise fr ...
Subjects: Law & Government Essays > Law
Law and welfare of society
IntroductionWhere does Australian law come from? This essay looks at how Australian law originated. The past and the presen ... 92) 175 CLR 1. In brief, the decision made was that indigenous people have rights to land under the Australian law, rights that existed before colonisation till present. The Native Title Act 1993 was ... itish Parliament made provision for the beginning of formal English law in the colony. In 1828, the Australian Courts Act was passed by the British parliament. This made all laws within England applic ...
Subjects: Law & Government Essays > Law
This is complete with laws which assist Migrants in Australia
ociety. However there are many disadvantages for this group of people. The Status of migrants under Australian law, the mechanisms available for migrants to achieve justice and the effectiveness of th ... ibute in Australia's economic and national welfare. For example they must get a job and work in the Australian society.Refugees/humanitarian migrants are people who migrate to Australia from their hom ...
Subjects: History Term Papers > Australian History
Trust
Political and Legal Studies The Development of Australian Democracy Introduction The development of the Australian democratic system has been under ... cratic 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 ... arliaments, 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 ...
Subjects: History Term Papers