13.3.2
Our British roots
Topic 14 explains that Australia’s government is based on the Westminster system from England. Early settlers brought British laws to Australia and said that all the laws would apply everywhere in the new colony (see FIGURE2 ). Early settlers brought British laws to Australia. This is why the Australian legal system uses the same principles as the Westminster system, including separation of powers and a bicameral (two chambers or houses) parliament, as well as independent courts. 13.3.3 The independence of the courts A court is a place where legal disputes between people can be settled. In lesson 13.2, you learned about the rule of law. The rule of law is protected by courts. For example, courts can help people challenge unfair government decisions. Courts can do this because they are independent from government. Like parliament, courts can also make laws. Courts can make laws when making decisions about cases brought to them. If parliament hasn’t made a law about something, or if a law isn’t clear, the courts may step in and make laws to ýll in the gaps.
FIGURE2 The Australian legal system comes from the British legal system.
The Magna Carta The judiciary wasn’t always independent. Before the Magna Carta was signed eight hundred years ago, the king of England made and enforced all laws. From 1199 to 1216, King John ruled England with total power. He made laws and decided court cases, sometimes unfairly. He heavily taxed people and took lands from barons. In 1215, the barons rebelled and asked him to respect their rights. They presented the Magna Carta (Latin for ‘Great Charter’) for him to sign as a promise that he would respect these rights.
SkillBuilder discussion Evaluating democratic institutions and systems 1. What does the artwork show King John doing? 2. In what year did King John sign the Magna Carta? 3. What historical event does this artist’s impression represent?
FIGURE3 An artist’s impression of King John signing the Magna Carta in 1215
484 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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