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LEGAL RESEARCH TEXTBOOK - Laying Down the Law Hamer, 2024 - Coggle Diagram
LEGAL RESEARCH TEXTBOOK -
Laying Down the Law
Hamer, 2024
CH1: Introduction to Law (Week 1 reading)
Why study law?
Legal Systems
What is law?
Australian Indigenous Legal Traditions
See chapter 4
The Western Legal Tradition
Natural law
Legal Theory
Legal Globalisation and Convergence of Legal Systems
The Civil Law
The Common Law
Sources of law
Legal Reporting and Scholarship
Legal research
Why rules are not always certain
Categories of Law
Technical Language
Introduction
CH2: Origins and Historical Development of Australian Legal System (Week 1 reading)
Introduction
Roots of English Law
Birth of the common law
Formalisation of court structures
Writ system
Trial procedures in the early common law
Equity
Reform of Court Procedure in the 19th Century
Foundations of Modern Constitutionalism
Magna Carta and the first parliaments
Reformations of Parliament
English Civil War
The Glorious Revolution and the Constitutional Settlement
Emerging Role of Parliament
Development of an Executive Arm of Government
Separation of Powers and the Rule of Law
The Foundation of the Australian Legal System
Transportation and Settlement
Doctrine of Terra Nullius
Reception of English Law
Evolution of an independant legislature
Development of Judicial Independance
Continuing Connection with English Law
Repugnancy and the Colonial Laws Validity Act
Judicial Committee of the Privy Council
The Path to Constitutional Independance
Federation
Statute of Westminster 1931
The Australia Acts 1986
CH3: The Australian Legal System (week 1 reading)
Introduction
Origins and Institutions
Parliamentary Democracy
Federal System
Key Constitutional Principles
Separation of Powers
Responsible Government
Rule of Law
Australian Legal Institutions
Legislature
Judiciary
Commonwealth
State and Territory Court Systems
Executive
Commonwealth
States and territories
Administrative Law
International Law
Sources
Impact on Domestic Law
Enforcement
Human Rights Law in Australia
Express and Implied Constitutional Rights
Constitutional Rights Infrastructure: Rule of Law, Principle of Legality, Separation of Powers
Administrative Law and the Protection of Rights
An entrenched Bill of rights for Australia?
Protecting Rights through intragovernmental dialogue
CH4: First Nations Australians and the Australian Legal System (week 1 reading)
Introduction
Native Title
Mabo [No 2] and the Native Title Act 1993 (CTH)
Wik and the Native Title Amendment Act 1998 (CTH)
Connection, Continuity and Change: From Yorta Yorta to Akiba
The ALRCs Connection to Country Report
Compensation for Extinguishment: The Timber Creek Decision
Complexity of Native Title claims
First Nations Australians and the Criminal Justice System
Early jurisdiction over the 'Aboriginal Native'
Protection regimes
Royal Commission into Aboriginal Deaths in Custody
'Crimes of Poverty, Despair and Defiance'
Indigenous Sentencing Courts
Customary punishment
Equality under the law
Substantive and formal equality
Northern Territory Interventions
Special Measures
First Nations Australians and the Australian Constitution
The Race Power and the 1967 Referendum
Constitutional recognition, the Uluru statement, and a voice for first nations australians
Voice, treaty, truth
First Nations Australians, Aliens and the Constitution