Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/51495
Title: From Parker to the Australia Acts: Sir Victor Windeyer and the Short-Lived Triumph of the Independent Britons
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2021
Early Online Version: 2021-08-01
Open Access: Yes
DOI: 10.1093/clp/cuab002Open Access Link
Handle Link: https://hdl.handle.net/1959.11/51495
Related DOI: 10.1093/clp/cuab012
Abstract: 

In 1986, the last vestiges of Australia's imperial common law past was eradicated by the passage through the Commonwealth, State and Westminster Parliaments of the Australia Acts.1 Eminent judges noted the sense of liberation that this legislation provided.2 On its face, however, this sense of throwing off the imperial yoke is difficult to understand. Whatever the formal limitations that were removed by the Australia Acts, Australian courts had, since the end of the Second World War, been increasingly free to mould the common law to meet distinctly Australian conditions.3 In this sense, there is more continuity with the past than those who see 1986 as a liberation acknowledge.

Publication Type: Journal Article
Source of Publication: Current Legal Problems, 74(1), p. 61-99
Publisher: Oxford University Press
Place of Publication: United Kingdom
ISSN: 2044-8422
0070-1998
Fields of Research (FoR) 2020: 489999 Other law and legal studies not elsewhere classified
430302 Australian history
Socio-Economic Objective (SEO) 2020: 239999 Other law, politics and community services not elsewhere classified
130703 Understanding Australia’s past
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Law

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