272 Pages
by
Routledge
272 Pages
by
Routledge
272 Pages
by
Routledge
Also available as eBook on:
'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of Appeal The imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child , Bruce Kercher rewrites history. He reveals that... Read more
Abbreviations viii
Preface ix
Introduction: English flotsam xi
PART I FRONTIER LAW 1
1 Aboriginal subjects of the Crown - 3
2 The contradictions of convict law - 22
3 Amateur law at the frontier - 43
PART II IMPERIAL ORTHODOXY, 1820-1900 65
4 Innovation smothered? Formal changes from the 1820s to the 1850s - 67
5 The power of the judges: judicial review and the attachment to England - 82
6 Repugnant legislation: law making from 1824 to responsible government - 103
7 Colonial freedom: law making between responsible government and 1900 - 124
PART III FEDERATION: DEFERENCE AND INDEPENDENCE 155
8 Creeping towards legal independence, 1901-1960 - 157
9 The rebirth of Australian legal doctrine, 1960-1995 - 177
Notes and sources 206
Index 243
Preface ix
Introduction: English flotsam xi
PART I FRONTIER LAW 1
1 Aboriginal subjects of the Crown - 3
2 The contradictions of convict law - 22
3 Amateur law at the frontier - 43
PART II IMPERIAL ORTHODOXY, 1820-1900 65
4 Innovation smothered? Formal changes from the 1820s to the 1850s - 67
5 The power of the judges: judicial review and the attachment to England - 82
6 Repugnant legislation: law making from 1824 to responsible government - 103
7 Colonial freedom: law making between responsible government and 1900 - 124
PART III FEDERATION: DEFERENCE AND INDEPENDENCE 155
8 Creeping towards legal independence, 1901-1960 - 157
9 The rebirth of Australian legal doctrine, 1960-1995 - 177
Notes and sources 206
Index 243
Biography
Bruce Kercher is Associate Professor of Law at Macquarie University and has published widely in the history of Australian law.
