Mandatory Sentencing Analysis

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This paper intends to analysis the nature of mandatory sentencing of people smugglers and show how certain arms of the government have been restricted in the amalgamation of the mandatory sentencing scheme and in turn completely undermining our international obligations. This essay draws its initial source from the workings of Andrew Trotters in honours to ‘mandatory sentencing for people smuggling; issues of law and policy’ and shines its support in respects to the aforementioned claim. Mandatory sentencing in general is a highly contested topic, people smuggling as an offence, even more so. At first glance it seems like a suitable outcome for the crime, however it shouldn’t be that simple as the acquisition of a mandatory sentence and that’s …show more content…
If the executive decides to emit power on the legislatures grounds or the legislature bypasses the main influences of judiciary the doctrine of separation of powers is breached, all must be evenly balanced (Kirby 2006). Sovereignty of parliament and independence of the court are the two conventions that a paramount for governmental symbiosis, parliamentary sovereignty is democratic in nature, ‘the populous decides on’ (Wells 2006). The impression of a fair trial comes from the independence of the courts. Although interference is frowned upon from legislature to judiciary, the convention of parliaments sovereignty means that a judges decision can, essentially be reversed or altered as an act of …show more content…
The first being the ruffles that produced within the three arms of government and the idea of an unbalanced government, the judiciary being the third wheel, essentially. The Legislatures and executives subtle connections have been a helpful push for this mandatory sentencing scheme, leaving the judiciary to sit idly by as an unjust system prevails. Secondly, this unbalanced doctrine of separation of power leads to the international issue of human rights as a whole. With the principal of mutual restraint being unobserved the judiciary hasn’t got the power to invest its ideals into the correct court proceedings for these asylum seekers which is an undeniable breach of our international obligation and a sad distribution of proper human rights. Although people smuggling is an offence, an unjust sentence is respectively parallel. With all these instances as a collective the disorderly element is a meagre management of international treaties stemming from a paramount discrepancy in the Westminster system and the Australian

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