In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common law. Australia adopted these laws from England upon colonisation, when Captain Phillip declared the land ‘terra nullius’ claiming it under England. Despite, the fact that both common and statue law are enacted in parallel within Australia, they are quite different. Common law and statute law are both made and changed in different ways, they have distinct advantages and disadvantages, they are both effective and ineffective in certain situations, and they have developed into their cotemporary forms through different paths.
Aboriginal Customary Laws and Australian Contemporary Laws Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals. These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word-of-mouth instead of written down. Being over 500 tribes (each with it's own clans) in Australia at one point, there were many variations to their guidelines, customised to each area of the land. Although the laws varied throughout the ages, this way of life remained until white settlement.
Introduction The Aborigines are the indigenous people of Australia. According to their traditional beliefs, the Aborigines have inhabited Australia since the beginning of time, but most modern dating techniques have placed the first native Australians at closer to 60,000 years ago, based on carbon dating of fossils and knowledge of geological changes in the region. Sea levels have fluctuated throughout history and were 200 meters lower at the time the ancestors of the Aborigines were thought to have made their way to Australia. This still left large expanses of open water that had to be crossed- up to 100 km- indicating that these people had developed some sort of sea-faring technology long before any other people. The Aboriginal culture is thought to be the oldest continuous culture still surviving today.
Inventing Australia only revealed that there are many versions of national identity and ways to imagine Australia. It ignored that national identity is simply one of multiple identities within Australia competing with each other, and as a social being, each individual could have multiple identities (White 18-19). This perspective corresponds to social history approaches which have been developed since the 1970s, focusing on the lives and identities of ordinary people which had been neglected in the singular national history—portraying great white men. Therefore, in the next part, this essay discusses how these new forms of history dealing with Aboriginal-settlers relations and gender relations challenge the narrative of Australian story and try to bring multiple identities into it. First, the historical views of dealing with Aboriginal-settlers relations have experienced major shifts and provoked several debates.
Among these, the most common migrants are from Greece, Italy, Russia and Asia. Australia is made up of material culture: the places and objects, but also Living culture: In forms such as Music, Crafts, Literature etc. It is an interplay between international cultures and beliefs, the claims of nationalism and ethnic and religious traditions, as well as the local and community priorities that’s make up the unique Australian heritage. The Aboriginal people of Australia were here thousands of years before European settlement and we forced them to adapt to the changes of environment around them. This change might be for better or worse, but we will never find out.
As time went on, Australia began to recruit new members into its military, a volunteer corps was organized, and a local police force initiated to maintain civil stability within the ... ... middle of paper ... ...nt religions fall into the country and are all accepted country wide. The Aboriginal and Torres Strait Islander people also have their own unique religious traditions and spiritual values. Australia, just as the United States, is a melting pot and will continue to grow and change in the coming centuries. From a penal colony to a flourishing and productive country, Australia has a deep rooted history with many stories to tell. If it wasn’t for the British colonies establishing themselves in Australia, would it still be the country it is today?
Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach: 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus o... ... middle of paper ... ...eichardt, NSW: Hawkins Press Keon- Cohen, B. 2001. Native Title in the New Millennium.
Differences in Federalism in Australia and the United States Australia and the United States (US) are federated nations with a bicameral system of government. Under both federal political systems, sovereignty is constitutionally split between two territorial levels that independent governmental units at state and federal levels have final authority in at least one policy realm. Distinguishing features in terms of the constitutions, structure and functionality in the two federal systems are necessary for effective governing. This essay will identify three main differences in the two federal systems, and review the implications of these differences in terms of federalism in structural and application. First, this essay will address the differences in the constitutions in regards to the separation of powers within the executive and legislature structure.
(Compton Encyclopedia) The first people to inhabit Australia were called Australian Aborigines they inhabited Australia for tens of thousands of years before the Europeans arrived. They lived in a hunter gatherer society and were somewhat nomadic. When the Europeans began arriving the Aborigines began to die due to foreign diseases, land loss, and conflicts with settlers. The Aborigines were not treated the same as Europeans until the 1960s when they started to receive voting rights, and the assimilation policy was forcibly removed. Aboriginal culture is increasingly recognized as an integral par... ... middle of paper ... ...embrace their history.
The indigenous Australian’s society has been thoroughly researched by many social sciences through the decades. Artworks, religion, rituals, economy, politics, and even claims of UFO sightings have been recorded by a multitude of scholars. It could be argued that the Australian Aborigines’ culture has been better documented than any other non-western society. I would like to capture the movement of Australian Aboriginal tradition to a more modern society by incorporating Dr.Langton’s works as well as the work of National Geographic Journalist, Michael Finkel. By researching the society as it is today in the 21st century, I will to analyze how they relate to Australians of European descent.