The Australian Legal System and the Common Law ‘Downunder’ SEMINAR 1

Five 1.5 hour seminars on the Australian legal system and the common law “downunder” The sources, the characteristics and some of the controversies of the Australian legal system Seminars 1-4 Brendan Grigg, Senior Lecturer, Flinders Law School, Flinders University of South Australia (link). (link) Seminar 5 Dr Laura Grenfell, Senior Lecturer, Adelaide Law School, University of Adelaide (link).link Un benvenuto

Assessment and Resources: 1000-word essay, due 31 October 2014 Website (thanks to Prof Raffaele Torino) – =135http://scienzepolitiche.uniroma3.it/rtorino/?page_id =135 –articles, chapters Three textbooks (available from me till 17 October, then Prof Torino/Library)

Flinders University of South Australia Adelaide, South Australia Where I am from:

Where are you from?

What does the term common law mean?

1066: The Norman Invasion of England

Shires rural shires divided into hundreds urban shires divided into burroughs Shire reeve or sheriff Trial by ordeal Before 1066

CURIA REGIS JUSTICES IN EYRE JUSTICES IN ASSIZE THREE COURTS AT WESTMINSTER (London): Court of the Exchequer Court of Common Pleas Court of King’s Bench After 1066

The system of writs A letter commencing legal proceedings specifying the nature of the complaint demanding certain action from the defendant Purchased from The Chancery Lord Chancellor Formal precedent document The Provisions of Oxford 1258 Statute of Westminster 1285 ‘Sclerosis of the common law’

The Westminster system of Parliamentary democracy The statute The doctrine of precedent (stare decisis) The jurisdiction of The Court of Chancery (Equity)

Parliamentary democracy and the rise of the statute

QUESTION: The principal architect of Australia’s Parliament House in Canberra was an Italian. True or False? ANSWER: TRUE!

Magna Carta Simon De Montfort’s Parliament 1295 Model Parliament King Edward I Henry VIII James I (James VI of Scotland) Charles I The Commonwealth Period under Lord Protector Oliver Cromwell Charles II 29 May James II Glorious Revolution of 1688 William and Mary Bill of Rights 1689 Act of Settlement 1701 Rule of Law Separation of Powers

Important cases: Case of Prohibitions del Roy –(1607)12 Co Rep 63 Case of Proclamations –(1611) 12 Co Rep 74 Dr Bonham’s Case –(1610) 8 Co Rep 107a –Judicial review of Parliament: Marbury v Madison Case of Ship Money –(1637) 3 How St Tr 825