Three good things and three not-so-good things about the australian legal system



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International Association of Law Schools Conference

Learning from Each Other: Enriching the Law School Curriculum in an Interrelated World

Kenneth Wang School of Law, Soochow University

Suzhou, China, 17-19 October 2007
THREE GOOD THINGS AND THREE NOT-SO-GOOD THINGS ABOUT THE AUSTRALIAN LEGAL SYSTEM

Michael Coper1
British heritage

It is often thought that, as a former British colony, Australia must have a legal system that mirrors that of its colonial parent. To an extent this is true. Australia inherited that weird and wonderful body of judicial doctrine, and law-making process, called the 'common law', that uniquely melds and simultaneously produces constancy and change.2 Moreover, in addition to this slow and accidental3 accretion of judge-made law that combines fidelity to precedent with incremental growth through the adaptation of precedent, Australia inherited many of the underlying and fundamental values and principles of the English common law, such as the rule of law, equality before the law, the presumption of innocence, the imperative of a fair trial, and an independent judiciary—all in the context of the achievement of finality (not necessarily of truth) through adversarial rather than inquisitorial processes.



Directory: journals -> ALRS -> 2007
ALRS -> The Law of Succession to the Crown in New Zealand (1999) 7 Waikato Law Review 49-72 By Noel Cox
ALRS -> Copyright in statutes, regulations and judicial decisions in common law jurisdictions: Public ownership or commercial enterprise? Abstract
ALRS -> I. Introduction
ALRS -> Swimming to Cambodia Justice and ritual in human rights after conflict Hilary Charlesworth1 Introduction
ALRS -> The influence of the common law on the decline of the ecclesiastical courts of the church of england
ALRS -> The Continuing Question of Sovereignty and the Sovereign Military Order of Jerusalem, of Rhodes and of Malta noel cox* Abstract
ALRS -> The Symbiosis of Secular and Spiritual Influences Upon the Judiciary of the Anglican Church in New Zealand
2007 -> The royal prerogative in the realms Abstract
2007 -> Never again’ really mean what it says? Prof Steven Freeland, School of Law, University of Western Sydney Introduction


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