Legal Positivism and Australian Law
$19.95 Buy and instantly download this paper now
This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.
Cite this Essay:
Legal Positivism and Australian Law (2005, January 03) Retrieved January 19, 2021, from https://www.academon.com/essay/legal-positivism-and-australian-law-54745/
"Legal Positivism and Australian Law" 03 January 2005. Web. 19 January. 2021. <https://www.academon.com/essay/legal-positivism-and-australian-law-54745/>