Aboriginal Customary Law

Recognition Of key Customary Law 1.0         Consideration of canonic Questions On the 9th February 1977, the then Federal Attorney-General, Mr RJ Ellicott QC, pertainred to the Australian Law remediate agency question: Whether it would be desir equal to(p) to apply either in whole or in part Aboriginal accustomed law to Aboriginies, either gener eithery or in fussy beas or to those living in tribal conditions only. The Terms of refer went on to specify particular questions ? namely, whether existing courts should be adapted to apply Aboriginal customary law to Aboriginies, and whether Aboriginal communities should enkindle the power to apply their customary laws and practices in the revengement and replacement of Aboriginies. These questions are not new. One hundred and forty days earlier, the British House of Commons hire Committee on Aboriginies had express that to require from Aboriginies ?The observation of our laws would be absurd and to pu nish their non-observance of them by severe penalties would be palpably unjust?. unless these views were not reflected in the actual recommendations of the House of Commons Select Committee, nor in ensuant policy decisions. Indeed in the very(prenominal) year, the Colonial Office had enjoin the governor of New confederation Wales to ensure that every Aboriginies within his jurisdiction were to be case-hardened as British subjects.

Aboriginies and non-Aboriginies were to be governed by the one, introduced, law. ?I would submit, therefore, that it is necessary from the moment the Aboriginies of this country are declared British subjects they should, as far as possible, be taught tha t the British laws are to follow their own,! so that any native, who is low under their own customs, may have the power of an charm to those of Great Britain, or, to put this in it?s true light, that all authorised persons should in all instances be required to... If you postulate to get a good essay, order it on our website: OrderEssay.net

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