Just How Common is the Common Law? A Historical and Comparative Perspective
Extract: In the days of the British Empire, the colonies were expected to maintain consistency with the common law of England as expounded by the English courts and the Judicial Committee of the Privy Council in particular. The Privy Council was the final appellate court for the colonies. In 1879, S...
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| Format: | Article |
| Language: | English |
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Bond University
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| Series: | Bond Law Review |
| Online Access: | http://blr.scholasticahq.com/article/11471-just-how-common-is-the-common-law-a-historical-and-comparative-perspective.pdf |
| Summary: | Extract: In the days of the British Empire, the colonies were expected to maintain consistency with the common law of England as expounded by the English courts and the Judicial Committee of the Privy Council in particular. The Privy Council was the final appellate court for the colonies. In 1879, Sir Montague E Smith, delivering the judgment of the Privy Council on an appeal from the Supreme Court of New South Wales said ‘it is of the utmost importance that in all parts of the empire where English law prevails, the interpretation of that law by the Courts should be as nearly as possible the same’. |
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| ISSN: | 2202-4824 |