Common law originated in and was developed in England as the head of the British Empire. It is based on doctrines established in court decisions (precedent) rather than on any written legal code, though statute is paramount and supreme to this 'common law'. This system is opposed to that originating from the Roman Empire called the Civil law system. This civil system is based on an inquisitorial system of law, whereas the common law system of British heritage is based on the adversarial system of law.
Adversarial system.
Adversarial system.
Adversarial is an adjective that means characterizing or involving opposition or conflict. In law it refers to a scenario whereby the parties in a given dispute have the responsibility of finding and presenting evidence.
Adversarial system
The adversarial system is inherently a trait of the common law system of England. Australia is member of the Commonwealth and was settled by the British Empire. When this occurred Australia automatically inherited British law under the doctrine of reception. So, to answer the question, the adversarial system has been used in Australia since British settlement in 1788. This is opposed to the inquisitorial system arising from Roman law and ancestry.
Sudan's legal system is based on Islamic law.
The legal system in Papua New Guinea is based on the common and English law.
The Malaysian legal system is based primarily on the laws from Australia and India. The system uses the common law system and a dual justice system. In the dual justice system Islamic law is observed only by Muslims.
Australia's legal system is founded on the rule of law. The judicial is interdependent and seeks to award justice to all.
The New Zealand legal system is based in british law and works very much along those lines
The adversarial system is a legal system where two opposing parties present their case before an impartial judge or jury. In the inquisitorial system, the judge plays a more active role in investigating and presenting evidence to reach a verdict. The adversarial system is more common in common law countries like the United States, while the inquisitorial system is found in civil law countries like France and Germany.