Australian And International Legal Systems - 1347 Words

Human rights are the recognition of basic rights and freedoms believed to justifiably belong to all human beings. When studying human rights for indigenous Australians now it is vital to also consider this issue in an historical context. The profound injustices since white settlement have left deep scars which are ever present today. The new settlers followed the legal approach that the land was not â€Å"owned† before white settlement (Terra Nullius, meaning â€Å"nobody’s land†) and therefore was theirs for the taking. They not only inflicted systematic physical and mental abuse but they fenced Indigenous Australians out of their land, which had and has an impact that is difficult for non-indigenous Australians to comprehend. In evaluating both Australian and International legal systems and how effective they have been in addressing justice for our indigenous people, the starting document is the Australian Constitution. Our Constitution conspicuously fails to recognize the rights of Australia’s indigenous peoples. No indigenous Australians were involved in the development of the Constitution. In the 20th Century indigenous Australian children were forcibly removed from their families under Acts of both Federal and State governments. This practice occurred between approximately 1905 and 1969. These Acts of Parliament were clearly discriminatory and created what became known as â€Å"the stolen generation†. In 1962 the Commonwealth legislated to ensure indigenous Australians hadShow MoreRelatedThe Australia Legal System1406 Words   |  6 PagesThe Australian Legal System Introduction All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments orRead MoreThe United Nations Declaration On The Rights Of Indigenous Peoples855 Words   |  4 PagesAccording to the Cornell University Law School’s ‘Legal Information Institute’, self-determination ‘denotes the legal right of people to decide their own destiny in the international order’. As a major concept of international law, self-determination gives people the right to control their own fates under certain fundamental criteria, and can be claimed by a minority that bases its lifestyle on an ethnic identity that is distinguishable from regular society, with a strong desire for cultural preservationRead MoreThe Australian Legal System Of Australia1527 Words   |  7 PagesIntroduction †¢ Discussions †¢ Conclusion †¢ Bibliography â€Æ' Introduction The Australian legal system was started to develop from the year of 1901. It is mainly based on the British legal system. The foundation of the legal system is the Australian Constitution. The Constitution was developed by the people of Australia who voted for its implementation. This document sets out the original laws of the nation. The Australian legal system is mainly depend on statute and common law. Statutory Law is law madeRead MoreThe Influence of Traditional Western Law on the Development of Nsw and the Australian Legal System1677 Words   |  7 Pagesand institutions of the Western legal tradition influence the colony of New South Wales and, ultimately, the development of the Australian legal system? The concepts and institutions of the Western legal tradition, namely common and statute law, the court system and the Bill of Rights, influenced the colony of New South Wales, and ultimately, the development of the Australian legal system to a great extent. Although the concepts and institutions of the Western legal tradition continue to influenceRead MoreEffectiveness Of Australian Law And Terrorism Kyle Luker Essay1074 Words   |  5 Pagesï » ¿ Evaluate the effectiveness of Australian law in balancing the rights of the individual and the state in the face of growing international terrorism In coordination with the growing outcomes of terrorism, both international and domestic, we can examine the effectiveness of Australian Law in balancing the rights of the individual and the state. Throughout the course of time we see the changing face of international terrorism and how it has implications that are far reaching and affect our day toRead MoreThe Importance Of Voting For A Candidate For Office1667 Words   |  7 Pagescandidate for office or for a resolution of an issue. Voting takes place in the context of a large-scale national or regional election, however, local and community elections can be just as poignant to individual participation in government. Every Australian citizen who is aged 18 years or more can vote in a federal election if validly enrolled and not disqualified from voting. Political participation is the basis of democracy and a vital part of the ‘right to vote’. Australia’s constitution has framedRead MoreThe Division and Separati on of Power944 Words   |  4 PagesThe Division and Separation of power are essential to keep our societies rulers to have a restriction on their powers. The importance of each on the Australian domestic law especially in relation to the rule of law, and protecting individual rights, and the legal system. The difference between the division and separation of powers is small. The Division of power is one of the most important aspects of the Constitution. This role is dividing power between the state and Commonwealth parliaments. ThisRead MoreThe Proposed Law For Strip Terrorists Of Australian Citizenship Will Have Implications For The Rule Of Law1628 Words   |  7 PagesESSAY 1 – 150 words The proposed law to strip terrorists of Australian citizenship will have implications for the rule of law in Australia. To support my argument, I will define what the rule of law is in Australia, the impacts it has on Australian legislation and two factors that are tied in with the rule of law: retrospective laws and the separation of powers. In order to support my opinion of the above statement, I will use several methods of research, which will include the following sources;Read MoreThe Issue Of Australian Bill Of Rights1531 Words   |  7 Pagesbasic freedoms and protections that everyone is entitled to purely for simply just being a human being. Today I would like to use this opportunity to discuss with you the greatly debated issue of an Australian Bill of Rights. Australia currently does not have a Bill of Rights, but is the current legal system coping without one? The answer to that question in my opinion is no. Australia currently is not adequately protecting individual human rights without having a Bill of Rights. While many people wouldRead More A critical review of the major opposing views on arbitration industrial relations1291 Words   |  6 Pages This paper will critically review the major opposing perspectives on arbitration and industrial relations, with particular attention to how government regulati on and intervention relate to the changes made to the system after 1996. The major focus of this brief paper will be to demonstrate that Howard’s industrial relations policies resemble those of the late 1800’s, where the Master and Servant Act’s regulated the relationships between employer and employee. These were replaced with the introduction