PPL – The Constitution of SA (Lecture 6) final

PPL – The Constitution of SA (Lecture 6)...

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PPL – The Constitution of SA (Lecture 6) Reception of the Common Law Idea of the common law is that the law would be applied throughout the whole of England, which was a first attempt to create a uniform law. Broadly, we picked up English Law. o ‘Our ancestors brought the common law of England to this land. Its doctrines and principles are the inheritance of the British race, and as such they became the common law of Australia.’ We bought English common law to Australia because of a distinction based on the pre-existing state of the Colony: o ‘If an uninhabited country be discovered and planted by English subjects, all the English laws then in being, which are the birth right of every subject, are immediately there in force’ o ‘If conquered or ceded countries, that have already laws of their own, the king may indeed alter and change those laws; but, till he does actually change them, the ancient laws of the country remain.’ Reception of English Statutory Law All English statutes ‘so far as they can be applied’ were received as law in the Australian colonies.
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