The Rule of Law in a Penal Colony
Law and Politics in Early New South Wales

Dr Neal shows how the courts served as a de facto parliament in early New South Wales.

David Neal (Author)

9780521372640, Cambridge University Press

Hardback, published 31 January 1992

284 pages
21.6 x 14 x 1.9 cm, 0.51 kg

"This book is an important contribution to our understanding of the role of law in Australian history." Bruce Kercher, Law and History Review

Ironically, the first civil case to be heard in Australia occurred at the behest of two convicts under sentence. Of course, convicts had first-hand experience of criminal law, but all the settlers were part of a culture which emphasised the rule of law as the guarantee of its fundamental political value, British liberty. This book, written by a lawyer and unique for its perspective based in both legal and social history, illuminates the important role played by the concept of the rule of law in the transformation of New South Wales from a penal colony to a free society. Dr Neal lucidly outlines the interaction between law and politics in early New South Wales and shows that because there were no official political structures, the courts served as a de facto parliament and a means of political expression.

List of illustrations
Abbreviations
Preface
1. Great changes
2. Free society, penal colony, slave society, prison?
3. The rule of law
4. The courts
5. The magistracy
6. Policing a penal colony
7. The campaign for trial by jury
8. Conclusion
Appendices
Notes
Bibliography
Index.

Subject Areas: Modern history to 20th century: c 1700 to c 1900 [HBLL], Australasian & Pacific history [HBJM]