God's Law in Australia

“Then Peter and the other apostles answered and said, we ought to obey God rather than men.”

Acts 5:29

Throughout history, rulers in countries where the Word of God has been available have sought to obey God’s law. Her Majesty Queen Elizabeth II swore allegiance to Jesus Christ and the laws of God at her Coronation. “Christians can rejoice,” said the late Queen, “that the Coronation service so clearly reveals the Lordship of Jesus in our national life. No other nation on earth installs their head of state in a Christian service of praise and worship.”

High Court barrister David Mitchell affirms that Australia is a Christian nation because its laws and government are based on the Bible. He points out that historically the English monarch and the parliament are both subject to the laws embodied in Scripture. Christianity was first introduced into Britain in the first century, possibly by Joseph of Arimathea, and the Anglo-Saxon laws introduced by Alfred the Great were the source of Common Law — and the wisest and most perfect ever devised at the time. Why? Simply because the Bible is the book of wisdom.

Planting the seed of self-government

The seeds of our Australian self-government were sown in 1215, when the nation’s leaders forced King John to sign the Magna Carta. This charter — the most important in English law — was written at the time by a clergyman, the Archbishop of Canterbury. It enshrines the biblical principle that all men are created equal, ensuring that the monarchy as well as the people are subject to the law, and that the rights of the individual are protected by written law. Both the English and Americans cite the Magna Carta as their source of freedom. It is the basis of Christian democracy to this very day.

The foundations of our legal system

The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people — Australians and non-Australians alike — are treated equally before the law, and safeguards exist to ensure that people are not treated unfairly by governments or officials. Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental.

The Common Law system, based on the Bible and developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems of Europe, South America and Japan, which are derived from Roman law. The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states. In effect, Australia has nine legal systems — the eight state and territory systems and one federal system — each incorporating three separate branches: the legislative, the executive and the judicial.

How Common Law works

Sir William Blackstone, an English judge of the mid-eighteenth century, wrote a four-volume set of books called Blackstone’s Commentaries on the Laws of England. In the first volume he explains that all law must be in conformance with the Bible, and that any law not in conformance with the Bible is of no force and effect. He called it “the law of nature and nature’s God.” This phrase was later taken by Thomas Jefferson and used in the United States’ Declaration of Independence in 1776.

In Australia, from the beginning of European settlement, judges applied English Common Law to Australian conditions. After all, it was the fairest system, as it was based on the Word of God — to argue effectively you needed to know the Bible better than your accuser. Since an Australian government decision in 1986, judges no longer have to follow English Common Law, although they may still take it as a guide. This departure from its biblical foundations has opened the law in Australia to interpretation, challenge and exploitation by those pushing their own agendas.

Key facts

• All people — Australians and non-Australians alike — are treated equally before the law.
• The Australian legal system is based on the concept of the rule of law.
• In all cases, defendants are considered innocent until proven guilty beyond all reasonable doubt.
• Laws are made by the federal and state parliaments, while an independent judiciary interprets and applies them.
• People who cannot afford legal representation may be given legal aid, subject to a means test.