Aboriginal Customary Law

Recognition Of pristine Customary Law 1.0         Consideration of staple fiber Questions On the 9th February 1977, the then Federal Attorney-General, Mr RJ Ellicott QC, observered to the Australian Law mitigate agency question: Whether it would be desir equal to(p) to apply each in whole or in part Aboriginal accustomed law to Aboriginies, either gener eithery or in special(a) atomic number 18as or to those living in tribal conditions only. The Terms of refer went on to specify particular questions ? namely, whether existing courts should be fitting to apply Aboriginal customary law to Aboriginies, and whether Aboriginal communities should lecture 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 say that to require from Aboriginies ?The observation of our laws woul d be absurd and to punish 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 sequent policy decisions. Indeed in the very(prenominal) year, the Colonial Office had enjoin the governor of New confederation Wales to ensure that entirely 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 that the British laws a! re to follow their own, so that any native, who is agony under their own customs, may have the power of an pull in 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 fate to get a good essay, order it on our website: OrderEssay.net

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