Topic > Comparison of the Aboriginal and Australian justice systems

Interrelationship: Aboriginal and Australian justice systems: Recognition of Aboriginal customary laws within the Australian criminal justice system is limited to the recognition of traditional physical punishments only at the sentencing stage. It all depends on the interpretation and readings of the individuals who play a role in the criminal justice system as bailiffs, court officials, lawyers and police officers, etc. (Aboriginal Law and Criminal Justice, Law Reform Commission, W.Australia ) Comparison between the Aboriginal and Australian justice systems: There are some areas of conflict between the Aboriginal justice system and Australian law. Persons who follow Aboriginal customary law if they administer traditional corporal punishment prevailing under customary law may be considered an offender under Australian law. Similarly there are several initiation practices under customary law that constitute a criminal offence. Some scholars have proposed making traditional Aboriginal punishments legitimate in the Australian legal system, but there are also an equal number of critics of the proposal. They argue that this should be done on a case-by-case basis, rather than making every provision of common law legal. (Aboriginal Law and Criminal Justice, Law Reform Commission, W.Australia) There are several inconsistencies between Aboriginal law and Australian law, for example if a person commits a crime covered by Australian law, in that case they will be liable to punishment but if an Aboriginal person violates both customary law and Australian law, in that case he will be liable to be punished under both laws or will in fact receive double punishment for a sin... middle of paper... .ed through decisions of the Court while statutory law is made by the Commonwealth parliament and various state parliaments. (Australasian Legal Information Institute) In the UK a bill can be introduced in any house of parliament, it is debated before passing in both houses. After both Houses pass the bill, it is sent to obtain the Queen's assent and subsequently becomes a law. (Reynolds)Works CitedCommonwealth Consilidated Acts http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s72.html> retrieved 18 October 2009Aboriginal Justice Report retrieved 18 October 2009Shukla SK, Indian Constitutional Law , Universal Publications 2008Reynolds Jane, Constitutional Law, Hodder Education SeriesPeterson.L, Global Laws:A Review, ETM Publications