INTRODUCTION This essay examines the Australian court hierarchy, and the extension power the High Court attains as it has the ability too overturn decisions made by the Supreme Court. As it is the final court of appeal therefore reintegrates the point that the power of appointment is held within the body of the High Court. As the Australian Federal system consists of national court and a court system for each individual state and the two territories.…
Victoria enacted Aboriginal protection act. This act were being achieved in Britain and the Australian colonies. However , for Aborigines , this act gave more controls over Aboriginal people's lifestyle. (c) the Australian Aborigines League 1933 The Australian Aboriginies league was founded in Melbourne…
REMEMBERING • The tragedy that occurred in 1996 was the Port Arthur massacre where a disturbed young man gunned down dozens of innocent people. • According to this article Australia is similar to the US because Australia has a frontier history and a strong gun culture. • Today the Australian gun deaths per 100,000 are under 1, this is one-tenth to the US this refers to all gun deaths, homicide, suicide and unintentional. • Two of the 1996 gun reforms put in place were, making gun control laws stronger and uniform across Australia and had the world’s biggest gun buyback seeing nearly 700,000 guns removed from circulation.…
In order to support this idea, the history of the Australian legal system should be discussed. Australia is a common law country and the history of the Australian legal system stems from English common law system.2 Common law is judge made laws that are created based around areas that are not included. The judges are required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.3…
What are the differences between the Australian Constitution and Magna Carta? Funny you ask that because that is what I am going to tell you about in this essay. I will discuss my points for this essay, they include the similarities and differences between the two documents. I will also include how they shaped today’s society and how the public first reacted to them.…
There have been many influences on Canadian law including Hammurabi, Mosaic, and Roman. Britain has had the most influence on Canadian law. Although there have been many influences on Canada 's legal system, Britain has had the most impact for reasons such as Trial by Combat and Ordeal, Common Law, Rule of Law and the British North American Act of 1867. The impact that the Hammurabi laws have had on Canada 's legal system today is that the laws are known, along with the hierarchy of laws.…
The human rights in Australia have been developed under the Australian Parliament and fortified by institutions of…
The adversarial system that is used in Australia is said to be more concerned with resolving disputes than in discovering the truth. The adversarial system is commonly compared to the inquisitorial system used by our European counter-parts, and each has their own advantages and disadvantages. The adversarial system seeks the truth through opposing adversaries competing by putting their version of the truth forward via means of evidence, witnesses and arguments that they have prepared themselves.…
Australian society has been influenced by religion of the British First Fleet since the arrival. Before this, Aboriginals as the original inhabitants of Australia, had spiritual beliefs based on traditions and philosophical teachings brought down by generations. After the British Fleet arrived in Australia, these beliefs were neglected and the Church of England became the predominant religion. These early influences of governing Christian based beliefs are evident in modern Australian society as Christian based holidays like Easter and Christmas continue to be celebrated on the official calendar. Furthermore, religion influences the political system when enforcing laws and also in legal practises like swearing on religious texts in court.…
The High Court is the highest court that is part of the Australian court hierarchy. The court was established in 1901 under section 71 of the Australian constitution. It now can be found under Constitution sections 71 to 75, the Judiciary Act 1903, and the High Court of Australia Act 1979. Through this, interpretation and the application of the law is followed to ensure just outcomes for appeals and manners relating to the constitution. It has the final verdict on matters such as the interpretation and the application of law including common law, state law and federal law.…
In most states the criminalization has occurred by the removal of the exemptions from the general rape law by the legislature; or by the courts striking down the exemptions as unconstitutional. In some states, however, the legislature has created a distinct crime of spousal sexual assault. This is, for example, the case in California, where there are two different criminal offenses: Rape (Article 261) and Spousal Rape (Article 262). AUSTRALIA…
I am experiencing an unfamiliar way of life cause by different habits and norms since I arrived at Australia, which means I am suffering from culture shocks. Firstly, there are some customs in daily life changing dramatically. For example, when I want to eat or go shopping at night, I find all restaurants and shops closed every day after 5 pm in Australia, which makes me feel hungry and boring. But in China, the shopping centre and a lot of restaurants still open at night, people can go out and enjoy all the time when they want. Moreover, I spend too much time to waiting the bus because sometimes it comes once every one hour.…
It is supposed to give back a voice to the people, and stop any corruption in governments. But the question to ask is whether the absolute separation of power actually exists in the Australian legal system. We can begin by looking at the billing process as a good example…
The United States of America is a common law country. Countries such as England, India, and Canada are also considered common law countries. Common law is known as the customary laws based upon precedent cases and judicial decisions. Lawyers spend most of their time counseling, oral and written proceedings and researching. The term Lawyer is solely use to describe the overall occupation itself, Lawyers often build their careers based off their specialty.…
Whincup, 1992). The Normans introduced the institution of jury and the absence of the written letter of the law. Common law is laws that are known widely but may not be written down just common sense laws. Stare decisis is an important feature that developed from common law. British colonies adopted the common law as the law of the land.…