Structure of the Australian legal system

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The discipline ‘comparative law’ seems still to be distinguishing itself from lawmaking. In this paper I investigate theoretical reasons for this and propose a new type of concept law, which should secure that distinction. This proposal is also made for further theoretical reasons, as well as for empirical reasons drawn from the structure (or rather lack of structure) of the Australian legal system with a peculiar history.
Original languageEnglish
Title of host publicationThe Convergence of legal systems in the 21st century
Subtitle of host publicationan Australian approach
EditorsGabriël A. Moens, Rodolphe Biffot
Place of PublicationBrisbane, Qld.
PublisherThe Australian Institute of Foreign and Comparative Law and contributors
Pages181-208
Number of pages28
ISBN (Print)1876344091
Publication statusPublished - 2002

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  • Cite this

    Stewart, I. (2002). Structure of the Australian legal system. In G. A. Moens, & R. Biffot (Eds.), The Convergence of legal systems in the 21st century: an Australian approach (pp. 181-208). Brisbane, Qld.: The Australian Institute of Foreign and Comparative Law and contributors.