oa Comparative and International Law Journal of Southern Africa - The future of "received" English law in the countries of the Commonwealth
|Article Title||The future of "received" English law in the countries of the Commonwealth|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 British Institute of International and Comparative Law|
|Publication Date||Mar 1982|
|Pages||81 - 91|
|Keyword(s)||Australia, Bahamas, Blankard v Galdy, British colonies, Ceylon, Common law of England, Common law system, Commonlaw countries, Ghana, Hong Kong and Nigeria|
All emergent Commonwealth territories which have been left a legacy of statutes of general application move into independence or republican status with a collection of miscellaneous, possibly archaic and largely unidentified statutes of England forming part of their basic law. Some states have been content to go on for many years in this condition. An extreme case is that of the state of Indiana in the United States of America which, by the provisions of one of its statutes, still has as its basic law the common law of England and the statutes of the British Parliament made in aid thereof prior to the fourth year of the reign of King James the First (with certain exceptions) and which are of a general nature. Many independent Commonwealth countries also still preserve a substratum of statutes of general application; but there are signs of a growing impatience with this collection of uncertain legislation, and action has been taken in some territories to remedy the situation, as mentioned in the article.
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