M3 - Learner Manual

2.2. Characteristics of the Australian legal system

Snapshot

•          English law – The colonial experience in Australia has greatly influenced the legal and political institutions which form the basic part of the current legal system. However, it was never simply imposed without modification. Colonialism requires an adaptation of those laws to the conditions that exist in the colony.

•          Common law system – Australia’s system of law was modelled to a large degree on the British system.

•          Federal system – Australia was established as a federal system in 1901. This was achieved by the Australian Constitution. 

•          Separation of powers – A predominant factor in the Australian legal system which is also taken to be a characteristic of many “Western” democracies such as the USA. The doctrine is entrenched in the Australian Constitution and describes categories of government into legislative, judicial and executive.