Australian Civil Law

REFLECTIONS OF TODAY’S CIVIL LAW CODE AS A METHOD OF LEGAL ORGANISATION AND AN ALTERNATIVE TO AUSTRALIAN COMMON LAW

XIAO-XIAO KINGHAM

INTRODUCTION

As society advances with time, Australia’s established common law system could arguably be failing to serve the people as effectively and efficiently as what was once intended. Adaption to present circumstance through assessing the nature, institutes, ideologies, conception and application of law is likely essential to maintain its relevance in the near future. Some have even gone so far as to suggest abandoning common law together and instead replacing it with the widespread and historically ingrained civil law.

In my opinion, this leap is unnecessary. While the common law system may have encountered

Though it too shared a significant effect on various prominent countries, it’s different environment prioritised establishing remedies over social order and a practical mindset.

The civil law code is simply unsustainable in regulating today’s society with its different requirements held against legal positions of power that subsequently are forced to defy their original roles and ultimately this code itself. While the convenience and simplicity it provides does at first seem appealing also, it’s clash against our current legal tradition renders its integration into Australia dangerous and

It is a constitutional monarchy, with a government that operates on the basis of the Australian Constitution. As such, it is not ruled by a single figure in power and therefore multiple parties and members of Parliament that represent different ideals all contribute in the legislative process. With these multiple contributors, law is quite rarely able to be established quickly with overarching agreement only occurring on rare matters that are either beyond Parliament’s reach or are relatively free of controversy. Under these conditions, the weighty and heavily analysed consideration to integrate into a Code, being considered far more significant than a regular common law statute, could be slow moving or may not even be passed, causing problems in regulating that area in the future. Complications and alterations that are likely to occur during the legislative process may render the final provision incoherent that fails to serve the legal system as was originally