Danial Kelly
Charles Darwin University

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Foundational Sources and Purposes of Authority in Australian Law Danial Kelly
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (127.14 KB) | DOI: 10.22437/jlj.1.1.1-12

Abstract

The starting point in understanding Australia’s socio-legal place in an international context is to be familiar with its Western legal tradition. Some of the characteristics of the Western idea of law include the separation of law from other normative systems (such as religion), the centrality or primacy of law as a method of regulating society, and the inherent authority of law. Other major socio-legal features of contemporary Australia include a multicultural population and government by representative democracy. Australian law has sprung out of the English branch of the Western legal tradition, therefore the English heritage of Australian law will first be considered.
Bali Mawacara: Is A Quasi-common Law System Developing in Balinese Customary Law? Danial Kelly; Wayan P Windia
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.587

Abstract

The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational sources and purposes of authority in the Balinese customary law system and analyse the pressures of change upon that system. It will be argued that an embryonic quasi-common law system is developing in the Balinese customary law system due to the recent formation of the Majelis Utama Desa Pakraman and the Bali mawacara jurisprudence.
Natural Resources Law in Australia: Principles and Practices Danial Kelly
Jambe Law Journal Vol 1 No 2 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (192.474 KB) | DOI: 10.22437/jlj.1.2.155-176

Abstract

What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.