Nobody downloaded yet

Australian Legal System - Essay Example

Comments (0) Cite this document
Summary
Australian legal system influenced by English legal system because Australia was British colony in the past. It is the reason why both of the systems are similar. Until very recently, the decisions of English courts were very influential in Australian law.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Australian Legal System
Read TextPreview

Extract of sample "Australian Legal System"

Download file to see previous pages What constitutes the common law is not so much actual decision in a particular case as the principles upon which that decision is based (Gifford & Gifford, 1983 p5).
According to Corkery (1999, p105), all law is not judge made law and there is more and more codification in Australia now. The intention of the parliaments is to tidy up the law and replace the common law subsisting before the passing the code. Therefore, the most of new law is likely to reliance on legislation today.
Under the Australian State Court Hierarchy, the courts can be categorized into three different types: the Magistrates Courts, the Distinct/County Courts and the Supreme Courts. The highest judicial tribunal in Australia is the high Court and mainly deal with constitutional challenges, however one thing should be noted that the High Court can overruled the previous decision. Under the doctrine of precedent, it does not have to follow the any previous decision made by the lower courts.
In order to understand the current common law system, it is essential to know the advantages and disadvantages of doctrine of precedent relied on by the common law. Even if the Common law has described as emasculated form today, compare to the statute law, there must be weaknesses and strengths together rather than only weaknesses.
According to Chisholm and Nettheim (1997, p46), common law is still remained as an essential method where nobody is sure what the law is, and where the occurred cases are quiet new. Decision should be made by Judges for these kinds of particular cases such as R v Elizabeth Manley [1933] 1 KB 529 (very uncommon case) because no similar case has ever been decided. The decisions of courts play a large part in determining and changing laws and this circumstance indicates the importance of common law.
In addition, Victoria law foundation (2007) stated that the most of trials nowadays are having precedents and these good precedents are making the law more consistent, because earlier judicial decision guided judges in later similar cases. Besides, a judge today must apply the reasoning used in the precedents made in higher courts when they decide a similar case. Both factors reinforce the doctrine of precedent operation as its strength.
Another advantage of doctrine of precedent stated by Bird (1993, p268), using the system of doctrine of precedent could additionally be good enough to save time and resources. As mentioned above, it provides not only a guideline to narrow the decision against the 'palm tree' justice, but also offer an opportunity to save time and resources.

On the contrary, precedent operation of the common law needs to be more flexible to overcome its weaknesses. In modern society, flexibility tends to be one of the most important criteria, because yesterday's solutions might not be good enough to adapt for the rapid social changes. Chisholm and Nettheim (1997, p46) argued that the English or Australian system is sometimes criticised for tying the judges too much to the past.
The case of Donoghue v Stevenson [1932] AC 562, by the time the judge made the decision, he has considered the social condition changed, the judge have developed the law of negligence which has benefits every customer, where Grant v Australian Knitting Mills Ltd ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Australian Legal System Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Australian Legal System Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1515517-australian-legal-system
(Australian Legal System Essay Example | Topics and Well Written Essays - 1000 Words)
Australian Legal System Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1515517-australian-legal-system.
“Australian Legal System Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1515517-australian-legal-system.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Australian Legal System

Australian adversarial criminal justice system

..., which truth they would likely appreciate. Reference Australian Law Reform Commission (1999). Discussion Paper 62: Review of the Federal Civil Justice System. Retrieved 09 August 2011 from http://www.austlii.edu.au/au/other/alrc/publications/dp/62/ch2.html#Heading6 Beaton-Wells, C. (2003). Proof of antitrust markets in Australia. New South Wales: Federation Press. French, P. & Wettstein, H. (2008). Truth and its deformities. Sydney: John Wiley and Sons. Jackson, D. (2007). Adversarial and Inquisitorial Systems. Medico-Legal Society of NSW. Retrieved 09 August 2011 from http://www.medicolegal.org.au/index2.php?option=com_content&do_pdf=1&id=184 King, V. (2010). Criminal...
8 Pages(2000 words)Essay

Australian Legal Professional Practice

...: current sources of codes and legislation in jurisdictions of the world. Buffalo, N.Y., Hein, c1994. 87. Vines, Prue. Law and justice in Australia: foundations of the legal system, 2nd ed. South Melbourne: OUP, 2009: 73. Williams, George. Dilema of too much choice. The Australian News. April 28, 2007 http://www.theaustralian.com.au/news/features/dilemma-of-too-much-choice/story- e6frg6z6-1111113426999 Zines, Leslie. The High Court and the Constitution, 5th ed. Sydney: Federation Press, 2008: 130... Australian Legal Professional Practice Introduction The high level of significance laid upon the professional responsibility and the ethical behavior of lawyers during the practice of Law – has for a long...
7 Pages(1750 words)Essay

Australian Taxation system

...?Australian Taxation system Research done in several Australian newspapers has testified that taxation is the backbone of the Australian economy. The country’s system of government is divided into the federal government which controls all taxations that take place in the country. There are also state governments which control taxation taking place in the several states that are in the country. The last system of government present in Australia is the local governments. According to Macfarlane in his book “Australian Monetary Policy in the Last Quarter of the Twentieth Century”, it is evident that Australia has low...
6 Pages(1500 words)Essay

The U.S. legal system

...? The U.S. Legal System The U.S. Legal System The United s legal system refers to the full unified system of judicial, itarian and governmental organizations that together administer and impose the laws and regulations of the United States, control the judicial system and manage or deal with judicial disputes and appeals. They legal system of the United States consists of numerous official bodies at the state, federal, as well as local levels (Burnham, 2012). Statistics reveal that defendants are hardly ever found 'Not Guilty' by judges or juries. This might be due to the...
5 Pages(1250 words)Essay

Legal System

... of the country's people. The lack of education or literacy rate in a country could lead it to the high crime rate among young people that provides incentives for committing crimes due to instable economical situation. With the provision of education in the people the rule of law may be strengthen. The primary and secondary educations are very important in this regard; they work as a base for the future education of an individual. We should strengthen the legal system and provide education to the people for strengthening the society. To provide a crackdown on the crimes and to eliminate unhealthy tendencies in the society we should understand the importance of law and the matters falling in the purview of the law should be left... to the...
8 Pages(2000 words)Essay

Australian Health Care System

...Australian Health Care System AUSTRALIAN HEALTH CARE SYSTEM Titus Rock Manickam Order No. 279796 16 March 2009 Table of Contents Introduction3 Multiculturalism.3 Primary Health Care...4 The role of three levels...5 Interaction in the multidisciplinary team7 The role of Enrolled Nurses8 Conclusion...9 Sources10 AUSTRALIAN HEALTH CARE SYSTEM Introduction It is important and needful to have a good health system in place for immigrants. There can be no second guessing in health concerns because a good health system ensures guaranteed environment of a good,...
7 Pages(1750 words)Essay

English Legal System

...Word count 827 Order # 430457 d 11th April English legal system Summary of the case In the case R (E) v Governing body of JFS (2009),the admission of M, son of E was denied by the governing body on the grounds of lack of proper evidence for his Jewish origin. The specific reason quoted by the governing body was the ethnicity of the mother which was not treated as Jewish. The over subscription of the school led to refusal of several application of children, but the reason for the refusal should be proper. However, in the present case, the reason for the refusal of the admission was very illogical and discriminatory. Hence, E challenged the decision of JFS and appealed in the High Court. The High Court quashed the claims made by R... on...
3 Pages(750 words)Essay

LEGAL SYSTEM

...The Legal System In order to ensure the success of any democracy in the modern world, proper functioning of three vital aspects is extremely essential namely legislature, executive and judiciary. While the work of forming new laws is bestowed upon the legislature or the elected representatives of the mass, the executives are in charge of proper enforcement of such laws. The role of judiciary is quite different from the other too and it is involved to oversee if everything is within the legal purview and if not it might ask the concerned parties to act in a particular way so that the legislation can be followed in the true and best spirit. The legal system...
8 Pages(2000 words)Essay

Legal System

...of Lecturer Legal Systems 13 December Legal System A 2. D 3. C 4. C 5. C 6. B 7. C 8. A 9. B 10. B Solution to Essay Questions 11. The Fifth Amendment of the US constitution offers the citizens of the US protections against government actions that do not follow the rule of law. There are five major provisions of the Fifth Amendment. The first provision of the 5th Amendment of the US Constitution is that no citizen of the US should be made to face prosecution for a civic crime without initial indictment. The second provision of the 5th Amendment is the protection against double jeopardy and this means that a person accused of a crime may only be prosecuted once for each...
2 Pages(500 words)Research Paper

Australian Healthcare System

...Australian Healthcare System: Indigenous Health Australian Healthcare System: Indigenous Health One of the finest healthcare systemsin the world is found in Australia; nevertheless, it has several problematic areas linked to health inequity and disparities in accessing health services(Kebede-Francis,2011) .Some of the causative factors to such inequalities comprise age, gender, culture and ethnicity, educational background, disability and socioeconomic status(Cerasa,2011).For instance, several studies confirm that Indigenous Australians get lower standards of healthcare when compared to the rest of the Australian population (Shepherd, Li...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Australian Legal System for FREE!

Contact Us