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Native Title

Native title

Native title, or indigenous land rights, is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. The colonisation of Australia was conducted under the false assumption that the land was unoccupied (terra nullius) and could therefore be claimed for the Crown and distributed to colonists by the government. Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. In this way, it represents a local example of the fragmentation of proprietary interests. More particularly, it is also an example of two distinct systems of law operating within the same geographic, national and jurisdictional space. It is a recognition by the common law of Aboriginal law. The National Native Title Tribunal is the body that investigate claims by Aboriginal and Torres Strait Islander peoples. Native title determinations are made by the High Court of Australia, the Federal Court of Australia or a recognised body, such as South Australia's Supreme Court and Environment Resources and Development Court. The National Native Title Register (NNTR) contains approved determinations

Before Mabo

There had been long campaign by Aboriginal people and Torres Strait Islanders for land rights. This included the strike and walk off by the Gurindji people at Wave Hill, cattle station in 1966 followed by the Woodward Royal Commission and the Aboriginal Land Rights Act of 1976.

Mabo

Only in 1992 was the assumption of terra nullius struck down by the High Court in the Mabo decision, which granted Murray Island in the Torres Strait to its native residents. As Justice Brennan stated in Mabo (No. 2), "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the indigenous inhabitants of a territory".

Native Title Act 1993

As the legal concept of Native Title was not created directly by legislation, but by the judicial system, the Keating government later enacted the Native Title Act in 1993 to clarify the legal position of landholders. This was one of the Aboriginal Land Rights Acts.

Pastoral leases

The law was subsequently modified by the High Court's Wik Decision in 1996 and by further legislation (the Native Title Amendment Act) in 1998 which intended to grant better security of tenure to the holders of pastoral leases on potentially Aboriginal land. The concept of claiming land rights is independent of native title. In a land rights claim Indigenous Australians can seek a grant of title to land from the Commonwealth, state or territory governments. That grant may recognise traditional interest in the land, and protect those interests by giving indigenous people legal ownership of that land.

See also


- Aboriginal land claims
- Aboriginal Land Rights Act of 1976
- Central Land Council and Northern Land Council of the Northern Territory
- Indian reservation, land which is managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs.

External links


- [http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/34F335CFB9E163EFCA256F710050F39F?OpenDocument Native Title Act 1993]
- [http://www.aiatsis.gov.au/rsrch/ntru/research/resourceguide/index.html Native Title Resource Guide] at Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
- [http://www.nntt.gov.au/ National Native Title Tribunal]
- Information about native title determinations is available
  - [http://www.nntt.gov.au/applications/determinations.html online]
  - [http://www.nntt.gov.au/publications/data/files/Current_Determinations_A4.pdf Map of current determinations] Category:Australian law Category:Indigenous Australian politics

Law of Australia

The law of Australia consists of the Australian common law (which is based on the English common law), federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories. The most important law of Australia is the Constitution of Australia, which describes Australia's system of constitutional monarchy, and forms the basis for the government of Australia. Each of the Australian States and Territories that are self-governing are separate jurisdictions, and have their own system of courts and parliaments. The system of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia, and common law made by federal courts (such as the High Court of Australia) are federal laws, and apply to the whole of Australia. The organised system of law and government now in force in Australia is historically dependent for its legal validity on a series of British statues, notably including the Commonwealth of Australia Constitution Act 1900. The authority of the United Kingdom Parliament to enact those statutes depended on the acquisition of the Australian continent as a territorial possession of the British Crown.

Common law

Reception of English law

Australia has traditionally been conceived as a "settled" territory without any pre-existing law. It followed that the legal vacuum was immediately filled by the English common law and statute law, as part of the "birthrights" (in William Blackstone's terms) which English settlers carried with them. When the first Australian colony, New South Wales, was founded on 26 January 1788, it inherited all the laws of the United Kingdom which were applicable to the colonial situation. Letters patent in 1787 (the New South Wales Charter of Justice) had provided that a court would be established in the new colony. When the Supreme Court of New South Wales was established in 1824, the law began to develop more independently, although all decisions were still subject to review by English courts. The United Kingdom Parliament also retained an overriding power to legislate specifically for the colony. In the 19th century such legislation was said to operate by "paramount force". As the other colonies were granted independence from New South Wales, they each established their own court systems, and began to develop their common law separately from each other.

Australian common law

19th century] When the High Court of Australia was established in 1903, it began to develop a body of federal common law, relating to areas in which the High Court has original jurisdiction (for example, matters involving international treaties, or cases where the Commonwealth of Australia is a party). By this stage, Australia was more independent from the United Kingdom, and the High Court was bolder in moving away from English law. After appeals to the Judicial Committee of the Privy Council were abolished by the Australia Acts of 1986, the High Court became the court of "last resort" in Australia. As such, the court has been completely free to move away from English precedents. In recent years, Australian courts have thus been more amenable to considering the common law of countries like Canada and the United States when deciding cases.

Federal law

Australian federal laws are made primarily by the Parliament of Australia. Section 51 of the Australian Constitution describes the areas which the Parliament has the power to makes laws about, such as defence, immigration and customs. Section 109 of the Constitution provides that where federal and state laws are inconsistent with each other, the federal law prevails. (See Inconsistency between Commonwealth and State laws in Australia)

State laws

Each of the Australian States are self-governing, and have their own Parliaments and court systems. In some areas, the law is very similar between the States, and in others, it is very different. A major difference is in the criminal law. In the states of Queensland, Tasmania and Western Australia, the criminal law is governed by statutory criminal codes, whereas the other states rely on the common law. In Victoria, some elements of the criminal law, such as penalties and definitions of various terms, and some of the more recently described crimes, are described by statute. However, most of the major crimes, such as most of the forms of homicide, are still governed by the common law.

Specific areas of the law of Australia


- Australian constitutional law
- Australian contract law
- Australian copyright law
- Australian criminal law
  - Australian sedition law
- Australian family law
- Australian labour law
- Australian tort law
- Law enforcement in Australia
- Native title
- Same-sex marriage in Australia
-

Australia

The Commonwealth of Australia is a country in the Southern Hemisphere comprising the world's smallest continent and a number of islands in the Southern, Indian and Pacific Oceans. Australia's neighbouring countries are Indonesia, East Timor and Papua New Guinea to the north, the Solomon Islands, Vanuatu and New Caledonia to the northeast, and New Zealand to the southeast. The continent of Australia has been inhabited for over 40,000 years by Indigenous Australians. After sporadic visits by fishermen from the north and by European explorers and merchants starting in the 17th century, the eastern half of the continent was claimed by the British in 1770 and officially settled as the penal colony of New South Wales on 26 January 1788. As the population grew and new areas were explored, another five largely self-governing Crown Colonies were successively established over the course of the 19th century. On 1 January 1901, the six colonies federated and the Commonwealth of Australia was formed. Since federation, Australia has maintained a stable liberal democratic political system and remains a Commonwealth Realm. The current population of around 20.4 million is concentrated mainly in the large coastal cities of Sydney, Melbourne, Brisbane, Perth and Adelaide.

Origin and history of the name

The name Australia is derived from the Latin australis, meaning southern. Legends of an "unknown southern land" (terra australis incognita) date back to the Roman times and were commonplace in mediæval geography, but they were not based on any actual knowledge of the continent. The Dutch adjectival form Australische ("Australian," in the sense of "southern") was used by Dutch officials in Batavia to refer to the newly discovered land to the south as early as 1638. The first English language writer to use the word "Australia" was Alexander Dalrymple in An Historical Collection of Voyages and Discoveries in the South Pacific Ocean, published in 1771. He used the term to refer to the entire South Pacific region, not specifically to the Australian continent. In 1793, George Shaw and Sir James Smith published Zoology and Botany of New Holland, in which they wrote of "the vast island, or rather continent, of Australia, Australasia or New Holland." New Holland was established on this site.]] The name "Australia" was popularised by the 1814 work A Voyage to Terra Australis by the navigator Matthew Flinders. Despite its title, which reflected the view of the Admiralty, Flinders used the word "Australia" in the book, which was widely read and gave the term general currency. Governor Lachlan Macquarie of New South Wales subsequently used the word in his dispatches to England. In 1817 he recommended that it be officially adopted. In 1824, the British Admiralty agreed that the continent should be known officially as Australia.

History

England, claiming the land for Britain in 1770. This replica was built in Fremantle in 1988 for Australia's bicentenary.]] The first human habitation of Australia is estimated to have occurred between 42,000 and 48,000 years ago. The first Australians were the ancestors of the current Indigenous Australians; they arrived via land bridges and short sea-crossings from present-day India or Southeast Asia. Most of these people were hunter-gatherers, with a complex oral culture and spiritual values based on reverence for the land and a belief in the Dreamtime. The Torres Strait Islanders, ethnically Melanesian, inhabited the Torres Strait Islands and parts of far-north Queensland; they possess distinct cultural practices and practised subsistence agriculture. The first undisputed recorded European sighting of the Australian continent was made by the Dutch navigator Willem Jansz, who sighted the coast of Cape York Peninsula in 1606. During the 17th century, the Dutch charted the whole of the western and northern coastlines of what they called New Holland, but made no attempt at settlement. In 1770, James Cook sailed along and mapped the east coast of Australia, which he named New South Wales and claimed for Britain. The expedition's discoveries provided impetus for the establishment of a penal colony there following the loss of the American colonies that had previously filled that role. penal colony was Australia's largest penal colony.]] The British Crown Colony of New South Wales started with the establishment of a settlement at Port Jackson by Captain Arthur Phillip on 26 January 1788. This date was later to become Australia's national day, Australia Day. Van Diemen's Land, now known as Tasmania, was settled in 1803 and became a separate colony in 1825. Britain formally claimed the western part of Australia in 1829. Separate colonies were created from parts of New South Wales: South Australia in 1836, Victoria in 1851, and Queensland in 1859. The Northern Territory (NT) was founded in 1863 as part of the Province of South Australia. Victoria and South Australia were founded as "free colonies"—that is, they were never penal colonies, although the former did receive some convicts from Tasmania. Western Australia was also founded "free", but later accepted transported convicts due to an acute labour shortage. The transportation of convicts to Australia was phased out between 1840 and 1868. The Indigenous Australian population, estimated at about 350,000 at the time of European settlement, declined steeply for 150 years following settlement, mainly because of infectious disease, and forced migration, the removal of children and other colonial government policies, that some historians and Indigenous Australians have argued could be considered to constitute genocide by today's understanding. Such interpretations of Aboriginal history are disputed by some as being exaggerated or fabricated for political or ideological reasons. Following the 1967 referendum, the Federal government gained the power to implement policies and make laws with respect to Aborigines. Traditional ownership of land—native title—was not recognised until the High Court case Mabo v Queensland (No 2) overturned the notion of Australia as terra nullius at the time of European occupation. terra nullius ceremony in Port Melbourne, Victoria, 25 April 2005. Ceremonies such as this are held in virtually every suburb and town in Australia.]] A gold rush began in Australia in the early 1850s, and the Eureka Stockade rebellion in 1854 was an early expression of nationalist sentiment. Between 1855 and 1890, the six colonies individually gained responsible government, managing most of their own affairs while remaining part of the British Empire. The Colonial Office in London retained control of some matters, notably foreign affairs, defence and international shipping. On 1 January 1901, federation of the colonies was achieved after a decade of planning, consultation and voting, and the Commonwealth of Australia was born, as a Dominion of the British Empire. The Australian Capital Territory (ACT) was formed from New South Wales in 1911 to provide a location for the proposed new federal capital of Canberra (Melbourne was the capital from 1901 to 1927). The Northern Territory was transferred from the control of the South Australian government to the Commonwealth in 1911. Australia willingly participated in World War I; many Australians regard the defeat of the Australian and New Zealand Army Corps (ANZACs) at Gallipoli as the birth of the nation—its first major military action. Much like Gallipoli the Kokoda Track Campaign is regarded by many as a nation defining battle from World War II. The Statute of Westminster 1931 formally ended most of the constitutional links between Australia and Britain, but Australia did not adopt the Statute until 1942. The shock of Britain's defeat in Asia in 1942 and the threat of Japanese invasion caused Australia to turn to the United States as a new ally and protector. Since 1951, Australia has been a formal military ally of the US under the auspices of the ANZUS treaty. After World War II, Australia encouraged mass immigration from Europe; since the 1970s and the abolition of the White Australia policy, immigration from Asia and other parts of the world was also encouraged. As a result, Australia's demography, culture and image of itself were radically transformed. The final constitutional ties between Australia and Britain ended in 1986 with the passing of the Australia Act 1986, ending any British role in the Australian States, and ending judicial appeals to the UK Privy Council. Although Australian voters rejected a move to become a republic in 1999 by a 55% majority, Australia's links to its British past are increasingly tenuous. Since the election of the Whitlam Government in 1972, there has been an increasing focus on the nation's future as a part of the Asia-Pacific region.

Politics

Whitlam Government was opened in 1988 replacing the provisional Parliament House building opened in 1927.]] The Commonwealth of Australia is a constitutional monarchy and has a parliamentary system of government. Queen Elizabeth II is the Queen of Australia, a role that is distinct from her position as Elizabeth II of the United Kingdom. The Queen is nominally represented by the Governor-General; although the Constitution gives extensive executive powers to the Governor-General, these are normally exercised only on the advice of the Prime Minister. The most notable exercise of the Governor-General's reserve powers outside the Prime Minister's direction was the dismissal of the Whitlam Government in the constitutional crisis of 1975. There are three branches of government.
- The legislature: the Commonwealth Parliament, comprising the Queen, the Senate (the Red house), and the House of Representatives (the Green house); the Queen is represented by the Governor-General, who in practice exercises little or no power over the Parliament.
- The executive: the Federal Executive Council (the Governor-General as advised by the executive councillors); in practice, the councillors are the prime minister and ministers of state, whose advice the Governor-General accepts, with rare exceptions.
- The judiciary: the High Court of Australia and other federal courts. The State courts became formally independent from the Judicial Committee of the Privy Council when the Australia Act was passed in 1986. The bicameral Commonwealth Parliament consists of the Queen, the Senate (the upper house) of 76 senators, and a House of Representatives (the lower house) of 150 members. Members of the lower house are elected from single-member constituencies, commonly known as 'electorates' or 'seats'. Seats in the House of Representatives are allocated to states on the basis of population. In the Senate, each state, regardless of population, is represented by 12 senators, with the ACT and the NT each electing two. Elections for both chambers are held every three years; typically only half of the Senate seats are put to each election, because senators have overlapping six-year terms. The party with majority support in the House of Representatives forms Government, with its leader becoming Prime Minister. There are three major political parties: the Labor Party, the Liberal Party and the National Party. Independent members and several minor parties—including the Greens, Family First and the Australian Democrats—have achieved representation in Australian parliaments, mostly in upper houses, although their influence has been marginal. Since the 1996 election, the Liberal/National Coalition led by the Prime Minister, John Howard, has been in power in Canberra. In the 2004 election, the Coalition won control of the Senate, the first time that a party (or coalition of governing parties) has done so while in government in more than 20 years. The Labor Party is in power in every state and territory. Voting is compulsory in each state and territory and at the federal level.

States and territories

Voting is compulsory Australia consists of six states, two major mainland territories, and other minor territories. The states are New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia. The two major mainland territories are the Northern Territory and the Australian Capital Territory. In most respects, the territories function similarly to the states, but the Commonwealth Parliament can override any legislation of their parliaments. By contrast, federal legislation overrides state legislation only with respect to certain areas as set out in Section 51 of the Constitution; all residual legislative powers are retained by the state parliaments, including powers over hospitals, education, police, the judiciary, roads, public transport and local government. Each state and territory has its own legislature (unicameral in the case of the Northern Territory, the ACT and Queensland, and bicameral in the remaining states). The lower house is known as the Legislative Assembly (House of Assembly in South Australia and Tasmania) and the upper house the Legislative Council. The heads of the governments in each state and territory are called premiers and chief ministers, respectively. The Queen is represented in each state by a governor; an administrator in the Northern Territory, and the Governor-General in the ACT, have analogous roles. Australia also has several minor territories; the federal government administers a separate area within New South Wales, the Jervis Bay Territory, as a naval base and sea port for the national capital. In addition Australia has the following, inhabited, external territories: Norfolk Island, Christmas Island, Cocos (Keeling) Islands, and several largely uninhabited external territories: Ashmore and Cartier Islands, Coral Sea Islands, Heard Island and McDonald Islands and the Australian Antarctic Territory.

Foreign relations and military

Over recent decades, Australia's foreign relations have been driven by a close association with the United States, through the ANZUS pact and by a desire to develop relationships with Asia and the Pacific, particularly through ASEAN and the Pacific Islands Forum. In 2005 Australia secured an inaugural seat at the East Asia Summit following its accession to the Treaty of Amity and Cooperation. Australia is a member of the Commonwealth of Nations, in which the Commonwealth Heads of Government meetings provide the main forum for co-operation. Much of Australia's diplomatic energy is focused on international trade liberalisation. Australia led the formation of the Cairns Group and APEC, and is a member of the OECD and the WTO. Australia has pursued several major bilateral free trade agreements, most recently the US–Australia Free Trade Agreement. Australia is a founding member of the United Nations, and maintains an international aid program under which some 60 countries receive assistance. The 2005–06 budget provides A$2.5bn for development assistance; as a percentage of GDP, this contribution is less than that of the UN Millennium Development Goals. Australia's armed forces—the Australian Defence Force (ADF)—comprise the Royal Australian Navy (RAN), the Australian Army, and the Royal Australian Air Force (RAAF). All branches of the ADF have been involved in UN and regional peacekeeping (most recently in East Timor, the Solomon Islands and Sudan), disaster relief, and armed conflict, including the 2003 Invasion of Iraq. The government appoints the chief of the Defence Force from one of the armed services; the current chief is Air Chief Marshal Angus Houston. In 2005–06, the defence budget is A$17.5bn.

Geography and climate

Angus Houston Australia's 7,686,850 km² (2,967,909 mi²) landmass is on the Indo-Australian Plate. Surrounded by the Indian, Southern and Pacific oceans, Australia is separated from Asia by the Arafura and Timor seas. Australia has a total 25,760 km (16,007 mi) of coastline and claims an extensive Exclusive Economic Zone of 8,148,250 km² or 3,146,057 mi² (excluding the Australian Antarctic Territory). Climate is highly influenced by ocean currents, including the El Niño southern oscillation, which is correlated with periodic drought, and the seasonal tropical low pressure system that produces cyclones in northern Australia. By far the largest part of Australia is desert or semi-arid. Australia is the driest inhabited continent, the flattest, and has the oldest and least fertile soils. Only the south-east and south-west corners of the continent have a temperate climate. The northern part of the country, with a tropical climate, has a vegetation consisting of rainforest, woodland, grassland and desert. The Great Barrier Reef, the world's largest coral reef, lies a short distance off the north-east coast and extends for over 2,000 km (1,250 mi). The world's two largest monoliths are located in Australia, Mount Augustus in Western Australia is the largest and Uluru in central Australia is the second largest. At 2,228 m (7,310 ft), Mount Kosciuszko on the Great Dividing Range is the highest mountain on the Australian mainland, although Mawson Peak on the remote Australian territory of Heard Island is taller at 2,745 m (9,006 ft).

Flora and fauna

Heard Island of the wallaby is currently being sequenced; when the sequencing is completed, it will be a major contribution to marsupial biology.]] Although most of Australia is semi-arid or desert, it covers a diverse range of habitats, from alpine heaths to tropical rainforests. Because of the great age and consequent low levels of fertility of the continent, its extremely variable weather patterns, and its long-term geographic isolation, much of Australia's biota is unique and diverse. About 85% of flowering plants, 84% of mammals, more than 45% of birds, and 89% of in-shore, temperate-zone fish are endemic. Many of Australia's ecoregions, and the species within those regions, are threatened by human activities and introduced plant and animal species. The federal Environment Protection and Biodiversity Conservation Act 1999 is a legal framework used for the protection of threatened species. Numerous protected areas have been created to protect and preserve Australia's unique ecosystems, 64 wetlands are registered under the Ramsar Convention, and 16 World Heritage Sites have been established. Australia was ranked 13th in the World on the 2005 Environmental Sustainability Index. Environmental Sustainability Index.]] Most Australian plant species are evergreen and many are adapted to fire and drought, including the eucalypts and acacias. Australia has a rich variety of endemic legume species that thrive in nutrient-poor soils because of their symbiosis with Rhizobia bacteria and mycorrhizal fungi. Well-known Australian fauna include monotremes (the platypus and echidna), and a host of marsupials, including the koala, kangaroo, wombat, and birds such as the emu, cockatoo, and kookaburra. The dingo was introduced by Austronesian people that traded with Indigenous Australians around 4000 BCE. Many plant and animal species became extinct soon after human settlement, including the Australian megafauna; many more have become extinct since European settlement, among them the Thylacine (Tasmanian Tiger).

Economy

Thylacine Australia has a prosperous, Western-style mixed economy, with a per capita GDP slightly higher than those of the UK, Germany and France. The country was ranked third in the United Nations' 2005 Human Development Index and sixth in The Economist worldwide quality-of-life index 2005. In recent years, the Australian economy has been resilient in the face of global economic downturn. Rising output in the domestic economy has been offsetting the global slump, and business and consumer confidence remains robust. Australia's emphasis on reform is another key factor behind the economy's strength. In the 1980s, the Labor Party, led by Prime Minister Bob Hawke and Treasurer Paul Keating, started the process of modernising the Australian economy by floating the Australian dollar in 1983, and deregulating the financial system. Since 1996, the Howard government has continued the process of micro-economic reform, including the partial deregulation of the labour market and the privatisation of state-owned businesses, most notably in the telecommunications industry. Substantial reform of the indirect tax system was achieved in July 2000 with the introduction of a 10% Goods and Services Tax, which has slightly reduced the heavy reliance on personal and company income tax that still characterises Australia's tax system. The Australian economy has not suffered a recession since the early 1990s. As of July 2005, unemployment was 5.0% with 10,030,300 persons employed. The service sector of the economy, including tourism, education, and financial services, comprises 69% of GDP. Agriculture and natural-resources represent only 3% and 5% of GDP, respectively, but contribute substantially to Australia's export performance. Australia's largest export markets include Japan, China, the United States, South Korea and New Zealand. Areas of concern to some economists include the chronically high current account deficit and also high levels of net foreign debt.

Demographics

current account deficit Most of the estimated 20.4 million Australians are descended from 19th- and 20th-century immigrants, the majority from Britain and Ireland. Australia's population has quadrupled since the end of World War I , spurred by an ambitious immigration program. In 2001, the five largest groups of the 27.4% of Australians who were born overseas were from the United Kingdom, New Zealand, Italy, Vietnam and China. Following the abolition of the White Australia policy, numerous government initiatives have been established to encourage and promote racial harmony based on a policy of multiculturalism. Australia’s population has increased by about 60 times since European settlement. The self-declared indigenous population—including Torres Strait Islanders, who are of Melanesian descent—was 410,003 (2.2% of the total population) in 2001, a significant increase from the 1977 census, which showed an indigenous population of 115,953. Indigenous Australians have higher rates of imprisonment and unemployment, lower levels of education and life expectancies for males and females that are 17 years lower than those of other Australians. Perceived racial inequality is an ongoing political and human rights issue for Australians. human rights.]] In common with many other developed countries, Australia is experiencing a demographic shift towards an older population, with more retirees and fewer people of working age. A large number of Australians (759,849 for the period 2002–03) live outside their home country. Australia has maintained one of the most active immigration programs in the world to boost population growth. Most immigrants are skilled; the quota includes categories for family members and refugees. English is the official language, and is spoken and written in a distinct variety known as Australian English. According to the 2001 census, English is the only language spoken in the home for around 80% of the population. The next most common languages spoken at home are Chinese (2.1%), Italian (1.9%) and Greek (1.4%). A considerable proportion of first- and second-generation migrants are bilingual. It is believed that there were between 200 and 300 Australian Aboriginal languages at the time of first European contact. Only about 70 of these languages have survived, and all but 20 of these are now endangered. An indigenous language remains the main language for about 50,000 (0.02%) people. Australia has a sign language known as Auslan, which is the main language of about 6,500 deaf people. The Australian Constitution guarantees the separation of church and state; there is no state religion. The 2001 census identified that 68% of Australians call themselves Christian: 27% identifying themselves as Roman Catholic and 21% as Anglican. Five per cent of Australians identify themselves as followers of non-Christian religions, and 26% as non-religious. Like many Western countries, the level of active participation in church worship is much lower than this; weekly attendance at church services is about 1.5 million, about 7.5% of the population. School attendance is compulsory throughout Australia between the ages of 6–15 years (16 years in South Australia and Tasmania), contributing to an adult literacy rate that is assumed to be 99%. Government grants have supported the establishment of Australia's 38 universities, and although several private universities have been established, the majority receive government funding. There is a state-based system of vocational training colleges, known as TAFE Institutes, and many trades conduct apprenticeships for training new tradespeople. Approximately 58% of Australians between the ages of 25 and 64 have vocational or tertiary qualifications.

Culture

apprenticeship.]] The primary basis of Australian culture up until the mid-20th century was Anglo-Celtic, although distinctive Australian features had been evolving from the environment and indigenous culture. Over the past 50 years, Australian culture has been strongly influenced by American popular culture (particularly television and cinema), large-scale immigration from non-English-speaking countries, and Australia's Asian neighbours. Australia has a long history of visual arts, starting with the cave and bark paintings of its indigenous peoples. From the time of European settlement, a common theme in Australian art has been the Australian landscape, seen in the works of Arthur Streeton, Arthur Boyd and Albert Namatjira, among others. The traditions of indigenous Australians are largely transmitted orally and are closely tied to ceremony and the telling of the stories of the Dreamtime. Australian Aboriginal music, dance and art have a palpable influence on contemporary Australian visual and performing arts. Australia has an active tradition of music, ballet and theatre; many of its performing arts companies receive public funding through the federal government's Australia Council. There is a symphony orchestra in each capital city, and a national opera company, Opera Australia, first made prominent by the renowned diva Dame Joan Sutherland; Australian music includes classical, jazz, and many popular music genres. Australian literature has also been influenced by the landscape; the works of writers such as Banjo Paterson and Henry Lawson captured the experience of the Australian bush. The character of colonial Australia, as embodied in early literature, resonates with modern Australia and its perceived emphasis on egalitarianism, mateship, and anti-authoritarianism. In 1973, Patrick White was awarded the Nobel Prize in Literature, the only Australian to have achieved this; he is recognised as one of the great English-language writers of the 20th century. Australian English is a major variety of the language; its grammar and spelling are largely based on those of British English, overlaid with a rich vernacular of unique lexical items and phrases, some of which have found their way into standard English. Australia has two public broadcasters (the ABC and SBS), three commercial television networks, three pay TV services, and numerous public, non-profit television and radio stations. Australia's film industry has achieved critical and commercial successes. Each major city has daily newspapers, and there are two national daily newspapers, The Australian and The Australian Financial Review. According to Reporters Without Borders in 2005, Australia is in 31st position on a list of countries ranked by press freedom, behind New Zealand (9th) and the United Kingdom (28th) but ahead of the United States. This ranking is primarily due to the limited diversity of commercial media ownership in Australia. Most Australian print media in particular is under the control of either News Corporation or John Fairfax Holdings. John Fairfax Holdings Sport is an important part of Australian culture, assisted by a climate that favours outdoor activities; 23.5% Australians over the age of 15 regularly participate in organised sporting activities. At an international level, Australia has particularly strong teams in cricket, field hockey, netball, rugby league, rugby union, and performs well in cycling and swimming. Australia has participated in every summer Olympic Games of the modern era, and every Commonwealth Games. Australia has hosted the 1956 and 2000 Summer Olympics, and has ranked among the top five medal-takers since 2000. It has also hosted the 1938, 1962 and 1982 Commonwealth Games, and will host the 2006 Commonwealth Games in Melbourne. Australian rules football is one of the most popular national sports, albeit it, one that is only played in Australia; players gain some international prominence through International Rules which is an annual meeting between the Australian code and Irish Gaelic Football. Corporate and government sponsorship of many sports and élite athletes is common in Australia. Televised sport is popular; some of the highest rating television programs include the summer Olympic Games and the grand finals of local and international football competitions.

Related topics

References

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Parham, D. (2002). [http://www.pc.gov.au/research/confproc/mrrag/mrrag.pdf Microeconomic reforms and the revival in Australia’s growth in productivity and living standards]. Conference of Economists, Adelaide, 1 October
Australian Bureau of Statistics. Labour Force Australia. Cat#6202
Australian Bureau of Statistics. [http://www.abs.gov.au/ausstats/abs@.nsf/94713ad445ff1425ca25682000192af2/1a79e7ae231704f8ca256f720082feb9!OpenDocument Year Book Australia 2005]
Department of Foreign Affairs and Trade (2003). Advancing the National Interest, [http://www.dfat.gov.au/ani/appendix_one.pdf Appenidix 1]
Australian Bureau of Statistics. 2001 Census, [http://www.abs.gov.au/ausstats/abs@census.nsf/ddc9b4f92657325cca256c3e000bdbaf/7dd97c937216e32fca256bbe008371f0!OpenDocument A Snapshot of Australia]
Department of Immigration, Multicultural and Indigenous Affiars. (2005). [http://www.immi.gov.au/facts/06evolution.htm The Evolution of Australia's Multicultural Policy]
Parliament of Australia, Senate (2005). [http://www.aph.gov.au/Senate/committee/legcon_ctte/expats03/ Inquiry into Australian Expatriates]
[http://www.ncls.org.au/default.aspx?docid=2250&track=82083 NCLS releases latest estimates of church attendance], National Church Life Survey, Media release, 28 February 2004
Australian Film Commission. What are Australians Watching?, [http://www.afc.gov.au/gtp/freetv.html Free-to-Air, 1999-2004 TV]
Australian Bureau of Statistics, [http://www.abs.gov.au/Ausstats/abs@.nsf/0/68180154bf128d91ca2569d000164365?OpenDocument Population Growth - Australia’s Population Growth]

External links


- [http://wikitravel.org/en/Australia Wikitravel guide to Australia]
- [http://www.gov.au/ Australian Government Entry Portal]
- [http://www.australia.gov.au/ Commonwealth Government Online]
- [http://www.immi.gov.au/ Department of Immigration and Multicultural and Indigenous Affairs (DIMIA)]
- [http://www.dfat.gov.au/geo/australia/index.html DFAT: Country Information]
- [http://maps.google.com/maps?ll=-27.000000,133.000000&spn=38.871300,61.703613&t=h&hl=en Satellite images of Australia] (Google Maps)
- [http://www.nla.gov.au/ National Library of Australia]
- [http://www.nma.gov.au/ National Museum of Australia]
- [http://www.australia.com/ Official Australia Tourism Website]
- [http://www.bom.gov.au/ Bureau of Meteorology]
- [http://www.m2006.com.au/ Official website of the Melbourne 2006 Commonwealth Games] A Category:Continents Category:Island nations Category:Members of the Commonwealth of Nations Category:Monarchies Category:Oceanic countries zh-min-nan:Ò-tāi-lī-a ko:오스트레일리아 ms:Australia ja:オーストラリア simple:Australia th:ประเทศออสเตรเลีย

The Crown

: For usages of The Crown in the Polish-Lithuanian Commonwealth, see Crown of the Polish Kingdom. For the venue in Cincinnati, Ohio, see U.S. Bank Arena. For the Swedish metal band, see The Crown (band). For other general usages, see Crown. The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. In the United Kingdom, as an example, The Crown is an entity that represents all rulership in the U.K., but is separate from the person currently wearing it. For instance, the Queen owns some of her castles herself, and if she abdicated, she would keep them. Others belong to the Crown, and would belong to the next monarch. This situation arose on the abdication of King Edward VIII in 1936, when the new King, George VI, was obliged to purchase Balmoral Castle and Sandringham House from the former king. The situation for The Crown in the other Commonwealth Realms is similar. The Crown is therefore a corporation sole (or perhaps more correctly in modern times a corporation aggregate), a legal entity which can own property and have rights. In the U.K. Elizabeth II is currently the post holder, and thus Queen of the United Kingdom. The holder of the position of the Crown will be King or Queen and officially governs the U.K. In practice, however, the U.K. is usually governed by the government derived from the democratically elected parliament, but this is only done 'on behalf of the Crown' and laws are passed by the Crown in Parliament, with Royal assent. Many government workers in the United Kingdom are Crown Servants. For instance, traditionally, prison warders and police officers were directly employed by the Crown, or owe a duty to the Crown where there is no direct employer-employee relationship, and not by the Prison Service or Police Authorities. The Crown is also the source of all justice in the U.K. (which is why there is the Crown Prosecution Service in the criminal courts whose lawyers are called Crown Prosecutors), which also meant that it was immune from prosecution. Those working within the intelligence services such as Mi5 and Mi6 are also Crown Servants. Thus all Government departments were essentially immune from prosecution, an immunity which was limited slightly by the Crown Proceedings Act of 1947. Crown servants may not sit as Members of Parliament and this is used as a way of allowing MPs to retire before their time—they are awarded a sinecure job which is that of a Crown Servant and thus disbarred as an MP (see resignation from the British House of Commons). The concept of the Crown took form under the feudal system, evolving from and synthesising oriental and barbarian concepts of kingship. Under the feudal System, in England and (separately) Scotland, all rights and privileges were ultimately granted by the ruler (though this was not the case in all countries that had this system). All land was granted by the Crown to lesser lords, in exchange for feudal services, and they granted the land to lesser lords. One exception to this was common socage—owners of land held as socage held it subject only to the Crown. The Crown as ultimate owner of all property also owns any property which has become Bona Vacantia. Again, most of these principles are similar in the other Commonwealth Realms which share the Crown along with the U.K.

Crown in Right of ... / Exercise of the rights of the Crown

In Commonwealth law, the expression "Crown in right of ..." is often used: e.g., the Crown in right of the United Kingdom, the Crown in right of Canada, the Crown in right of the Commonwealth of Australia, the Crown in right of the State of New South Wales, etc. In practice, in the vast majority of cases, the powers of the Crown outside the United Kingdom are not exercised by the Monarch personally, but rather by a Governor-General, Governor or Lieutenant-Governor (as the case may be), on the advice of the ministers of the local Federal/National, State or Provincial government. However, in those few cases where the Monarch exercises these powers directly, she does so on the advice of the ministers of that government. The powers which belong to the Crown in right of a particular dominion can only be exercised on the advice of the ministers of the dominion. So, for example, the rights which the Crown possesses in right of the United Kingdom can only be exercised under the advice of British ministers, and the rights which the Crown possesses in right of Canada can only be exercised under the advice of Canadian ministers. The British Prime Minister cannot advise Her Majesty in exercise of her rights in regard to Canada, nor can the Canadian Prime Minister advise her in exercise of her rights in regard to the United Kingdom. The Monarch, or her appointed representative, has the right to refuse the advice of ministers, and act instead in accordance with their personal views. However, these "reserve powers" are almost never used, outside of times of constitutional crisis. Both Canada and Australia are federations: therefore, besides the Crown in right of Canada and the Crown in right of the Commonwealth of Australia, there are Crowns in right of each Canadian province and each Australian state. For example, there is the Crown in right of the Province of British Columbia. The rights which the Crown possesses in right of a Canadian province are exercised by the province's Lieutenant Governor (not the Governor General of Canada) and such rights are exercised under the advice of the provincial ministers (not the federal ministers); the situation in Australia is analogous with Governors and state ministers.

See also


- Crown copyright
- Crown dependency
- Royal Prerogative Crown Crown

Common law

:For other meanings of the term, within the field of law, see common law (disambiguation). The common law forms a major part of the law of many countries, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting a consensus of centuries of judgments by working jurists.

History of the common law

Common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. Such forms of legal institutions and culture bear resemblance to those which existed historically in continental Europe and other societies where precedent and custom have at times played a substantial role in the legal process, including Germanic law recorded in Roman historical chronicles. The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts. Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century, although many criminal codes reflect legislative attempts to codify the common law. The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law. Before the institutional stability imposed on England by William the Conqueror in 1066, English residents, like those of many other societies, particularly the Germanic cultures of continental Europe, were governed by unwritten local customs that varied from community to community and were enforced in often arbitrary fashion. For example, courts generally consisted of informal public assemblies that weighed conflicting claims in a case and, if unable to reach a decision, might require an accused to test guilt or innocence by carrying a red-hot iron or snatching a stone from a cauldron of boiling water or some other "test" of veracity (trial by ordeal). If the defendant's wound healed within a prescribed period, he was set free as innocent; if not, execution usually followed. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies, and reinstating a jury system of citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems. Henry II's creation of a powerful and unified court system, which curbed somewhat the power of canonical (church) courts, brought him (and England) into conflict with the church, most famously, with Thomas Becket, the Archbishop of Canterbury. Things were resolved eventually, at least for a time, in Henry's favor when a group of his henchmen murdered Becket. For its part, the Church soon canonized Becket as a saint. As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common-law system would petition the King in person. For example, they might argue that an award of damages (at common law) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the courts of chancery. By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, even though it was established by the 17th century that equity should prevail. A famous example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens. In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict. In the United States, parallel systems of law (providing money damages) and equity (fashioning a remedy to fit the situation) survived well into the 20th century in most jurisdictions. In the federal courts there is no separation between law and equity; Delaware still has separate courts of law and equity, and in many states there are separate divisions for law and equity within one court.

Common law legal systems

The common law constitutes the basis of the legal systems of: England and Wales, the Republic of Ireland, the states of the United States (except Louisiana), Canada (except Quebec civil law), Australia, New Zealand, South Africa, India, Sri Lanka, Malaysia, Brunei, Pakistan, Singapore, Hong Kong, and many other generally English-speaking countries or Commonwealth countries. Essentially, every country which has been colonised at some time by Britain uses common law except those that had been colonized by other nations, such as Quebec (which follows French law to some extent) and South Africa (which follows Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. India's system of common law is also a mixture of English law and the local Hindu law. The main alternative to the common law system is the civil law system, which is used in Continental Europe, and most of the rest of the world. The former Soviet Bloc and other Socialist countries used a Socialist law system. The opposition between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence (almost like case law but in name) in civil law countries, and the growing importance of statute law and codes in common law countries (for instance, in matters of criminal and commercial law). Scotland is often said to use the civil law system but in fact it has a unique system which combines elements of an uncodified civil law dating back to the Corpus Juris Civilis with an element of common law long predating the Treaty of Union with England in 1707. Scots common law differs in that the use of precedents is subject to the courts seeking to discover the principle which justifies a law rather than to search for an example as a precedent and that the principles of natural justice and fairness have always formed a source of Scots Law. Comparable pluralistic legal systems operate in Quebec, Louisiana and South Africa. These systems are referred to as mixed legal systems. The U.S. state of California has a system based on common law, but it has codified the law in the manner of the civil law jurisdictions. The reason for the enactment of the codes in California in the nineteenth century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other Western states, however, have retained the concept of community property derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), the California Supreme Court adopted the principle of comparative negligence in the face of a California Civil Code provision codifying the traditional common-law doctrine of contributory negligence.) The state of New York, which also has a civil law history from its Dutch colonial days, also began a codification of its laws in the 19th century. The only part of this codification process that was considered complete is known as the Field Code applying to civil procedure. The original colony of New Netherlands was settled by the Dutch and the law was also Dutch. When the British captured pre-existing colonies they continued to allow the local settlers to keep their civil law. However, the Dutch settlers revolted against the English and the colony was recaptured by the Dutch. When the English finally regained control of New Netherlands -- as a punishment unique in the history of the British Empire -- they forced the English common law upon all the colonists, including the Dutch. This was problematic as the patroon system of land holding, based on the feudal system and civil law, continued to operate in the colony until it was abolished in the mid-nineteenth century. The influence of Roman Dutch law continued in the colony well into the late nineteenth century. The codification of a law of general obligations shows how remnants of the civil law tradition in New York continued on from the Dutch days.

Basic principles of common law

Statutes which reflect English common law are understood always to be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom. This can readily be seen in the area of criminal law, which while remaining largely governed by the common law in England, has been entirely codified in many US states. Codification is the process where a statute is passed with the intention of restating the common law position in a single document rather than creating new offences, so the common law remains relevant to their interpretation. This is why even today American law schools teach the common law of crime as practiced in England in 1750, since the colonies (and subsequently the states) deviated from the common law as practiced in England only after that date. By contrast to the statutory codifications of common law, some laws are purely statutory, and may create a new cause of action beyond the common law. An example is the tort of wrongful death, which allows certain persons, usually a spouse, child or estate, to sue for damages on behalf of the deceased. There is no such tort in English common law; thus, any jurisdiction that lacks a wrongful death statute will not allow a lawsuit for the wrongful death of a loved one. Where a wrongful death statute exists, the damages or compensation available are limited to those outlined in the statute (typically, an upper limit on the amount of damages). Courts generally interpret statutes that create new causes of action narrowly -- that is, limited to their precise terms -- because the courts generally recognize the legislature as being supreme in deciding the reach of judge made law unless such statute should violate some "second order" constitutional law provision (compare judicial activism). Where a tort is rooted in common law, then all damages traditionally recognized historically for that tort may be sued for, whether or not there is mention of those damages in the current statutory law. For instance, a person who sustains bodily injury through the negligence of another may sue for medical costs, pain, suffering, loss of earnings or earning capacity, mental and/or emotional distress, loss of quality of life, disfigurement, and more. These damages need not be set forth in statute as they already exist in the tradition of common law. However, without a wrongful death statute, most of them are extinguished upon death.

Works on the common law

The definitive historical treatise on the common law is Commentaries on the Laws of England, written by Sir William Blackstone and first published in 1765 - 1769. Since 1979 a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by Halsbury's Laws of England that covers both common and statutory English law. The U.S. Supreme Court judge Oliver Wendell Holmes Jr. also published a short volume called The Common Law which remains a classic in the field. In the United States, the Corpus Juris Secundum is a compendium of the common law and its variations throughout the various state jurisdictions. The American Law Institute publishes Restatements of the common law which are often cited by American courts and lawyers when they need to invoke uncodified common law doctrines. Scots common law covers matters including murder and theft, and has sources in custom, in legal writings and in previous court decisions. The legal writings used are called Institutional Texts and come mostly from the 17th, 18th and 19th centuries. Examples include Craig, Jus Feudale (1655) and Stair, The Institutions of the Law of Scotland (1681).

See also


- Arraignment
- Civil law (legal system)
- Common-law marriage
- English law
- Grand jury
- Jury trial
- List of legal topics
- Scots law

External links


- [http://biotech.law.lsu.edu/Books/Holmes/claw_c.htm The Common Law] by Oliver Wendell Holmes Jr.
-
- [http://www.great-legal-advice.com/criminal-law/civil-and-common-law.htm Common law]
- [http://ausicl.com The Australian Institute of Comparative Legal Systems] Category:Legal history ja:コモン・ロー

Federal Court of Australia

and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street]] The Federal Court of Australia is the Australian court in which most civil disputes and some summary criminal matters governed by federal law are decided. It is on the same position in the Australian court hierarchy as the Supreme Courts in each of the states and the only court above it is the High Court of Australia. On the federal level, it shares the same position as the Family Court of Australia but it is above the Federal Magistrates Court. The court was established in 1976 by the Federal Court of Australia Act.

Original jurisdiction

The original jurisdiction of the court is composed mostly of cases under the Trade Practices Act 1974, administrative appeals under Commonwealth legislation (like taxation and social security) as well as native title, intellectual property, industrial relations, corporations cases and bankruptcy. Points of law from the Administrative Appeals Tribunal and other tribunals are also within the original jurisdiction of the Court.

Appellate jurisdiction

The Federal Court of Australia also has appellate jurisdiction from the Federal Magistrates Court on all matters, with the exception of family law, where the Family Court of Australia has appellate jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of the Australian Capital Territory and the Supreme Court of Norfolk Island.

Current Judges of the Federal Court

As of 2004 (appointment date in brackets):

Judges based in Sydney


- Bryan Beaumont (May 30, 1983)
- Murray Wilcox (May 11, 1984)
- Graham Hill (February 1, 1989)
- Philip Whitlam (January 1, 1993)
- Michael Moore (28 March, 1994)
- Catherine Branson (16 May, 1994)
- Edmund Lindgren (26 July, 1994)
- Brian Tamberlin (30 August, 1994)
- Ronald Sackville (19 September, 1994)
- Rodney Madgwick (3 October, 1995)
- Arthur Emmett (3 February, 1997)
- Peter Hely (2 October, 1998)
- Roger Gyles (11 June, 1999)
- Richard Conti (15 August, 2000)
- Margaret Stone (9 October, 2000)
- James Allsop (7 May, 2001)
- Garry Downes (2 April, 2002)
- Peter Jacobson (17 June, 2002)
- Annabelle Bennett (5 May, 2003)

Judges based in Melbourne


- Chief Justice Michael Black (January 1, 1991)
- Peter Gray (17 May, 1984)
- Michael Ryan (29 September, 1986)
- Peter Heerey (17 December, 1990)
- Ross Sundberg (10 July, 1995)
- Shane Marshall (17 July, 1995)
- Anthony North (3 October, 1995)
- Ronald Merkel (5 February, 1996)
- Alan Goldberg (3 February, 1997)
- Raymond Finkelstein (21 July, 1997)
- Geoffery Giudice (17 September, 1997)
- Mark Weinberg (15 July, 1998)
- Susan Kenny (16 October, 1998)
- Neil Young

Judges based in Brisbane


- Jeffrey Spender (17 May, 1984)
- Richard Cooper (30 March, 1992)
- Susan Kiefel (17 October, 1994)
- John Dowsett (14 September, 1998)

Judges based in Perth


- Robert French (25 November, 1986)
- Malcolm Lee (15 February, 1988)
- Robert Nicholson (1 January, 1995)

Judges based in Adelaide


- Paul Finn, (3 July, 1995)
- John Mansfield, (2 September, 1996)
- Bradley Selway, (18 November, 2002)
- Bruce Lander, (14 July, 2003)

Judge based in Canberra


- Terrence Higgins, (1 July, 1990)

External links


- [http://www.fedcourt.gov.au Federal Court of Australia]
- [http://scaletext.law.gov.au/html/pasteact/0/18/top.htm Full text of the Federal Court of Australia Act 1976] Category:Australian courts Category:Australian law

Supreme court

The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. In the United States, for example, there is a federal Supreme Court as well as supreme courts within most of the states. However, some jurisdictions do not use the phrase "Supreme Court" in naming their highest courts, as described below. Although some countries and subordinate states follow the American model of having a supreme court that interprets that jurisdiction's constitution, most (including all of the formerly communist Central and Eastern European nations except Estonia) follow the Austrian model of a separate constitutional court (first developed in the Austrian Constitution of 1920). Many higher courts create through their decisions case law applicable within their respective jurisdictions or interpret codal provisions in civil-law countries to maintain a uniform interpretation:
- Most common-law nations have the doctrine of stare decisis in which the rulings (decisions) of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction.
- Most civil-law nations do not have the official doctrine of stare decisis and hence the rulings of the supreme court are usually not binding outside the immediate case in question. However, in practice, the precedent, or jurisprudence, expressed by those courts is often extremely strong. Some exceptions such as Spain are discussed below.

Common-law jurisdictions

Australia

The High Court of Australia became the court of last resort with the passing of the Australia Act in 1986. This act abolished the right of appeal to the Judicial Committee of the Privy Council. Each state and territory has its own supreme court, which leads to some confusion with young schoolchildren or overseas tourists (particularly those outside the Commonwealth of Nations) since the term "supreme court" seems at first to be loftier than "high court". However, previous to the federation of Australia, each colony had its own independent judicial system which typically had a supreme court as the highest court physically within colonial jurisdiction. See Australian court hierarchy.

Canada

The Supreme Court of Canada was established in 1875 but only became the highest court in the country in 1949 when the right of appeal to the Judicial Committee of the Privy Council was abolished. This court hears appeals of decisions rendered by appellate courts from each of the country's provinces and territories, as well as appeals of judgments made by the Federal Court of Appeal. The court's decisions are final and binding on the federal courts and the courts from all provinces and territories, including the Province of Quebec which has its own distinct legal system in matters of property and civil law based on the Civil Code of Quebec.

Hong Kong

In the Hong Kong Special Administrative Region of the People's Republic of China, a former British crown colony, the power of final adjudication which was previously vested with the Privy Council is now vested in the Court of Final Appeal following the transfer of the sovereignty of Hong Kong to the People's Republic of China in 1997. Under the Basic Law, the constitutional document of Hong Kong, the territory remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself, being a national law, is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing in accordance with Article 158 of the Basic Law. Some are concerned that this arrangement would amount to undermining judicial independence in Hong Kong. Such controversies have arisen in the right of abode issue in 1999. See also: Supreme Court of Hong Kong

India

The Supreme Court of India was created on January 28, 1950 after the adoption of a new Constitution. The Supreme Court is a constitutional authority independent from political interference. All judgements are binding across all states of India. The exception being the state of Jammu and Kashmir where the Indian Penal Code is not applicable. The court rulings take precedence over state High Courts. In extremely rare cases such as capital punishment, the decision may be passed on to the President of India for clemency petitions.

Pakistan

The Supreme Court of Pakistan was established on 2nd March 1956 under the newly enacted Constitution (1956) of Pakistan. This Court indeed succeeded the Federal Court of Pakistan, established in 1949. Supreme Court of Pakistan is independent from political interference. All judgements are binding across all states of Pakistan. The Supreme Court is the highest and final superior court of record. Appointment of Supreme Court Judges The Chief Justice of Pakistan is appointed by the President. Other Judges are also appointed by the President after consultation with the Chief Justice.

Republic of Ireland

The Supreme Court is the highest court in the Republic of Ireland. It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. It is also the highest authority in the interpretation of the law. Constitutionally it must have authority to interpret the constitution but its further appellate jurisdiction from lower courts is defined by law. The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court currently sits in the Four Courts in Dublin.

New Zealand

The right of appeal to the Privy Council has recently been abolished following the passing of the Supreme Court Act (2003). The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July.

United Kingdom

There are four Supreme Court systems in the United Kingdom, one each for England and Wales, Northern Ireland, Gibraltar and Scotland.

England and Wales

In England and Wales, the "Supreme Court of Judicature" is not, despite its name, the court of last resort. The Supreme Court of England and Wales has three constituent courts: the Crown Court (which deals with criminal cases), the High Court of Justice (which deals mostly with civil cases) and the Court of Appeal (which considers appeals from both the Crown Court and the High Court). Above these courts are the House of Lords and the Privy Council.

Northern Ireland and Gibraltar

A similar arrangement is followed in Northern Ireland and Gibraltar.

Scotland

In Scotland, the High Court of Justiciary and the Court of Session are collectively known as the Supreme Courts, with the High Court being the supreme criminal court, with no appeal to the House of Lords, and the Court of Session the superior civil court. There remains the possibility of appeal to the House of Lords on matters of civil cases, as well appeals under the Scotland Act 1998 to the Judicial Committee of the Privy Council.

Privy Council

The Judicial Committee of the Privy Council hears a small group of cases: appeals from certain Commonwealth realms (in the sections below, one may take note of the several countri