Legal Positivism and Australian Law Essay by Calwriter

Legal Positivism and Australian Law
This paper defines the concept of legal positivism and examines how it is applicable in the Australian law arena.
# 54745 | 1,766 words | 5 sources | MLA | 2004 | US
Published on Jan 03, 2005 in Law (International) , Law (General)

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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.

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