Abstract
Despite both being common law countries with some shared legal heritage, the legal relationship between India and Australia has not been adequately explored. Australia's legal system has strong links to that of England's Privy Council, and the Indian legal system also bears links to some English common law doctrines. There is no dearth of concept and legal theory that judges and lawyers in Australia and India can collaborate on. This article begins with the author's own experience as a judicial officer in the Court of Appeal in Australia where he invoked judicial precedents from other common law countries, including India, to rationalise his judicial reasoning. It analyses and compares the development of legal traditions both in India and Australia, tracing it through the development of the common law, innovations in legal reforms, and the growth of jurisprudence through judicial decision-making. Finally, the article lays down a comprehensive nine-step plan of action to cultivate a stronger and lasting legal relationship between the two countries.
Recommended Citation
CMG, Michael Kirby AC
(2022)
"India and Australia: A Neglected Legal Relationship,"
National Law School Journal: Vol. 16:
Iss.
1, Article 8.
DOI: 10.55496/NBDH2094
Available at:
https://repository.nls.ac.in/nlsj/vol16/iss1/8
Digital Object Identifier (DOI)
10.55496/NBDH2094