Comparing a Aboriginal and Australian Justice Systems

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Recommended: The respective paradigm shifts between the aboriginal justice system and restorative system

Interrelationship : Aboriginal & Australian justice system :
The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)
Comparison between Aboriginal & Australian justice system :
There are certain areas of conflict between the Aboriginal Justice system and the Australian Law. Persons following the aboriginal customary laws if give out traditional bodily punishments prevalent under the customary law may be regarded as an offender under the australian law. Similarly there are several initiation practices under the the customary law that constitute criminal offence. Some scholars have proposed to make the traditional punishments of the aboriginal people as lawful under the Australian legal system but there are an equal number of critics for the proposal as well. They say that it should be on case to case basis rather making every provision of customary law legal. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)
There are several inconsistencies between the aboriginal law and the australian law, for e.g. if a person commits a crime governed under the australian law then in that case he will be liable to punishment but if an aboriginal person violates both the customary law and australian law then in that case he will be liable to be punished under both laws or in effect getting double punishment for a sin...

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...ed through the decisions of the Court whereas, the statutory law is made by the commonwealth parliament and various state parliaments. (Australasian Legal Information Institute)
In United Kingdom a Bill can be introduced in any house of the parliament, it is discussed before passage in both houses. After both houses have passed the Bill, it is sent for getting the Queens assent and after that it becomes a Law. (Reynolds)

Works Cited

Commonwealth Consilidated Acts http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s72.html> retrieved on 18th Oct 2009

Aboriginal Justice Report retrieved on 18th Oct 2009

Shukla SK, Indian Constitutional Law, Universal Publications 2008
Reynolds Jane, Constitutional Law, Hodder Education Series
Peterson.L, Global Laws:A Review, ETM Publications

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