The decision to classify the ‘new’ country of Australia as a settled colony, rather than as conquered or ceded, meant that the new settlers brought with them the general body of English law, including the criminal law.
What was the effect of British settlement in Australia?
The most immediate consequence of colonisation was a wave of epidemic diseases including smallpox, measles and influenza, which spread ahead of the frontier and annihilated many Indigenous communities.
What was the legal basis for the British taking possession of Australia?
Possession of Australia was declared on the basis of unilateral possession. The land was defined as terra nullius, or wasteland, because Cook and Banks considered there were few ‘natives’ along the coast. They apparently deduced that there would be fewer or none inland.
What happened when European settlers arrived in Australia?
A few days after arrival at Botany Bay the fleet moved to the more suitable Port Jackson where a settlement was established at Sydney Cove on 26 January 1788. This date later became Australia’s national day, Australia Day. The colony was formally proclaimed by Governor Phillip on 7 February 1788 at Sydney.
What impact did the doctrine of reception have in the establishment of the legal system of Australia?
The doctrine of reception provides that: Where a territory is conquered or acquired the colonising power brings with it the laws of its home country. Where a territory is settled the laws of the original inhabitants remain in place.
Why did the British kill the Aboriginal?
The most common motive for a massacre was reprisal for the killing of settler civilians but at least 51 massacres were in reprisal for the killing or theft of livestock or property.
Was Australia invaded or settled?
Should we remember January 26 1788 as “Invasion Day”? The colonisation of Australia was an invasion from an Aboriginal and Torres Strait Islander perspective.
What is the difference between a settled colony and a conquered colony?
There is a distinction between settled colonies, where the land, being desert and uncultivated, is claimed by right of occupancy, and conquered or ceded colonies. … In those of the latter kind, the colony already having law of its own, that law remains in force until altered.
What happened to the aboriginal after European settlement?
After European settlers arrived in 1788, thousand of aborigines died from diseases; colonists systematically killed many others. At first contact, there were over 250,000 aborigines in Australia. The massacres ended in the 1920 leaving no more than 60,000. … Aborigines were traditionally nomads.
Why did the British choose to establish colonies in Australia?
One of the reasons why Britain decided to establish a colony in Australia in 1788 was the rebellion of its colonies in America – Britain needed somewhere else to send its prisoners. Australia’s experience as a colony of Britain was very different from that of the United States.
How did free settlers impact Australia?
The free settlers impacted Australia greatly. They impacted the indigenous Australians greatly by killing them off and taking their land. Free settlers cultivated the land, built infrastructure – cities, roads, businesses. Laws and law enforcement, parliaments and courts, defense force etc..
Who first settled Australia?
On January 26, 1788, Captain Arthur Phillip guides a fleet of 11 British ships carrying convicts to the colony of New South Wales, effectively founding Australia.
What country immigrated to Australia the most?
Leading immigrant populations of Australia in 2019, by country of origin. In 2019 there were 1,262,204 migrants from the United Kingdom in Australia. The next largest migrant groups were people from China and New Zealand at over 600,000 migrants each.
Is Australian law different from English law?
Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country’s common law is enforced uniformly across jurisdictions (subject to augmentation by statutes). … It hears appeals from all other courts in the country, and is vested with original jurisdiction.
Can the UK still make legislation for Australia?
In very general terms, British legislation no longer applies to Australia either federally or at state level. After the Statute of Westminster Adoption Act 1942, Australia was independent from Britain but the states were still subject to some aspects of British law.
What is reception law?
The reception of law refers to the process of drawing ideas that involve law as a system of rules, the social context of rules, the acceptance and variability of law, social spheres, and other such concepts, in analysing how groups of citizens and officials handle the law, use the law, take care of its demands, or push …