Question 1

There are three broad categories by which sovereignty (control or ownership) over territory may be obtained. These categories include conflict, cession and by occupation.

Sovereignty over territory by conflict is when a country may decide to take territory by force, attacking the current inhabitants of the land using armies, military equipment, superior technology, etc. If victorious the attacking country will take control of the territory. As witnessed in the times of the Roman Empire when many battles were fought over territory.

Sovereignty over territory can be reached by cession. One country willingly declares territory to another government. A common form of sovereignty by cession is a signed treaty between two countries. An example of control by cession is when the United States of America purchased Alaska from Russia.

Sovereignty through occupation was common during early settlements. If no permanent residents or population occupy any given land space, new settlers occupying the area can obtain control. The settlement of Australia is an example of sovereignty through occupation. Although it is later to be found that the native Aboriginals of Australia were already the original inhabitants of the land.

We still witness conflict with the developments of new weapons and waging warfare for strategic and monetary gain, cession by countries signing treaties for purchases of land, but occupation is not as common in modern times as most land has been discovered and is inhabited.

As Australia was declared to be terra nullius (land belonging to no-one/no man’s land) when settled in 1788 there was no previous political or legal system in operation. This prompted the doctrine of received law to be introduced meaning that law from where the settlers came from (in this case, England) will be put in place and enforced to govern the new land efficiently.

Question 2 (a)

The Area of Law

The area of law relevant to this question is whether the Shire of Green Valley has acted within its rights.        

Principles of Law

A local Government must adhere to the statute put in place by the Western Australian Parliament. “The main principle of administrative law is that a public or private person or authority may not act beyond its powers.” (Latimer, “Australian Business Law”, 26th Edition, CCH Australia, Sydney 2007, P23)

Join now!

To act within the authority that parliament has granted, in this case “the Public Library Facilities Act 2003 (WA)” is said to be acting intra vires, which means “within the power.”

Public servants must do no more than what the statute or regulation authorises, if a local Government is found to be acting beyond its designated authority it is known as acting ultra vires meaning “beyond the power.”

In the case of acting ultra vires the court has authority to issue a declaration, declaring that the action taken by the local government was invalid, the court can also ...

This is a preview of the whole essay