Common Law is the gateway to Tribal/Natural Law, and it is our Inalienable Right. Our Creator gives us our rights, and no earthly force can take those rights away without our consent. By nature, every man, woman, and child is free, equal and sovereign, possessing the inherent knowledge ...
This shows that while there has been criticism of the presumption of doli incapax within Australia no jurisdiction has taken the English step of abolishing it. It finds that a greater challenge to the presumption of doli incapax may, however, come from calls for an increase in the minimum ...
In PGA v The Queen (2012) 245 CLR 355, the High Court was asked to determine whether rape in marriage was an offence under the common law of Australia in 1963. The Court held by majority that there was no 'marital exemption' from prosecution at the relevant time, as the foundation of...
Mortgages, seniors and the common law contractual doctrine of mental incapacity in Australia 来自 掌桥科研 喜欢 0 阅读量: 31 作者: F Burns 摘要: Seniors in Australia are being called upon to mortgage their most precious economic asset, the family home. They may be asked to guarantee the ...
[translate] aChoose another country (either a common law or civil law jurisdiction) to explain how the Doctrine of the Separation of Powers operates in that other country compared to Australia. 选择另一个国家 (普通法或民法司法) 解释怎么权力分立的教条经营其他国家与澳洲比较了。 [translate] ...
as well as of Australia, New Zealand, most of Canada and (to a lesser degree) also of India, Pakistan, Bangladesh and many parts of Africa. The chief characteristic of the common law has always been that its development has lain largely in the hands of the judges, and that it has ther...
In R v Bull, Barwick CJ of the High Court of Australia said that the 'land and the high seas which begin at low water mark, so far as crime is concerned, remain in contrast'. (1) He also observed there that this is a distinction that has never been eliminated. (2) He might have...
There are times, too, when other non-English sources may prove valuable for an African judge or lawyer, sources from such diverse jurisdictions as India, Australia or America, both because of the substantive insights they may offer and merely because their use itself may bring more room for ...
The development of Chinese family law in Malaysia and Singapore provides an interesting case study of an attempt to fuse elements of two disparate legal systems in a foreign social climate. The present court system of Malaysia and Singapore and the adjec
common law countriesThe purpose of this article is to consider the approach to prosecuting war crimes in a handful of common law countries. Of particular focus will be the AustraliBoas, Gideon JohnSocial Science Electronic PublishingBoas, G., `War Crimes Prosecutions in Australia and other Common...