Autochthonous essential: state courts and a cooperative national scheme of civil jurisdiction

Mortensen, Reid (2003) Autochthonous essential: state courts and a cooperative national scheme of civil jurisdiction. University of Tasmania Law Review, 22 (2). pp. 109-148. ISSN 0082-2108

Abstract

Through the 1980s and 1990s, Australian governments and courts developed a uniform scheme for the exercise of civil jurisdiction across the country. The twentieth century saw increasing recognition that within federal and complex political associations, there is generally a positive relationship between the ability of courts to enforce their judgments throughout a federal or transnational market area and its economic and social integration. However, a willingness to let courts' judgments 'circulate' freely over internal borders in a multistate area also suggests confidence that those courts exercise proportionate civil jurisdictions that are acceptable to all of its polities.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Authors retain copyright.
Depositing User: Mrs Cynthia Douglass
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 06 Apr 2009 05:04
Last Modified: 20 Nov 2013 02:50
Uncontrolled Keywords: state courts; national scheme; civil jurisdiction; Australia
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
16 Studies in Human Society > 1605 Policy and Administration > 160509 Public Administration
18 Law and Legal Studies > 1801 Law > 180104 Civil Law and Procedure
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/5019

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