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The Qualification to the Birthright Doctrine and Beyond: the Judicial Attitude to Adapting the Common Law to Australian Conditions

Walpola, Sonali


This article examines the judicial willingness to consider local conditions in developing the common law of Australia. While there were a few notable exceptions, neither colonial judges nor the Privy Council were inclined to adapt English common law rules to Australian conditions despite having scope to do so pursuant to the so-called “colonial birthright” doctrine. It is highlighted that resistance to examining local conditions in a common law setting persisted for most of the 20th century, as...[Show more]

CollectionsANU Research Publications
Date published: 2020
Type: Journal article
Source: Australian Law Journal


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