Subjects:

Legal History, Other Jurisdictions

Contents:

1 Introduction

Dissemination of English law

Terminology

Problems of reception in the colonies

Reception theories

2 Land and territory

Sovereignty

Native title

English land law

3 English Government

Imperial Government Abroad

Government by English standards

Imperial Legislative Power

4 Colonial Constitutions

Governmental structure

Administrative review of colonial legislation

Restrictions on colonial legislative power

5 Nationality, Allegiance and Protection

English and British Nationality

Nationality in the colonies

Allegiance and protection

6 Liberties and Laws

English liberties

Colonial liberties

English birthright

Colonial birthright theory

Pervasiveness of colonial birthright

7 Legislative Introduction of English law

Reasons for legislating

Conquered and ceded territory

Local reception legislation

Extraterritorial jurisdiction

8 Territorial Expansion

Legislative extensions of English law

United States of America

British Empire

Jndia and South East Asia

9 Reception Methods

Forms of reception

General reception formulas

Statute law reception

10 Limitations on Reception

Rules not received

Reception dates

Unsuitability

Laws excluded

Results in practice

11 Judicial Reception

Courts and Judiciary

Creation of colonial courts

Court Structure and Jurisdiction

Jurisdiction

Judges

12 Reception of Legal Knowledge

The reception of English law abroad has antecedents that can be traced back as far as the English invasion of Ireland in the late 12th century. But it is to the settlement of Virginia 400 years ago that the legal systems of the former colonial empire owe their beginnings.

As with the English language, transposing the law overseas produced different accents and usages involving adjustments and change to many of its rules. None of the legal systems of the 100 or more places that now use English law or derivative forms of it is today an exact replica of what it was at the time when it parted from its matrix.

This book has been many years in the making, occupying all of the time that could be spared from the demands of judicial office in Queensland. The experience of sitting in Courts in Solomon Islands and Fiji has added an extra dimension to the author’s understanding of the reception process abroad.