Aliens in their own land. 'Alien' and the rule of law in colonial and post-federation Australia
This thesis argues that the ‘rule of law’ was not followed in colonial and post-federation Australia in relation to a fundamental principle of the common law. According to the rule in Calvin’s Case (1608), no person born as a ‘subject’ in any part of the King’s dominions could be an ‘alien’. This was the legal position in Australia from the reception of English law until well after federation. In colonial and post-federation Australia the racial meaning of ...[Show more]
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