The Australian legal system is based upon the fundamental belief of the rule of law, justice, and independence of the judiciary (Australian Government: Department of Foreign Affairs and Trade, 2012). The formation of the Australian law system itself is derived …show more content…
The state and territories have independent legislative power in all maters that are not specifically assigned to the federal government and therefore, when there is any inconsistency between federal and state territory laws; federal laws will succeed. The federal laws found within Australia govern the whole country regardless of state and territory jurisdiction.
The country of Australia has nine legal systems with eight as being state and territory systems and one federal system (Australian Government: Department of Foreign Affairs and Trade, 2012). The criminal laws of both state and territory are what govern the everyday lives of most Australians. Each of the state and federal systems include three separate branches of the government, which are legislative, executive, and judicial.
Each branch of the government has its unique role within Australia where the Parliaments make the laws, the executive government administers the laws, and the judiciary independently interprets and applies those laws (Australian Government: Department of Foreign Affairs and Trade, 2012). As with any legal system, the country of Australia has what they call the High Court of Australia. The High Court interprets and applies the law in Australia and decides the cases of special …show more content…
Doli incapax is problematic for various reasons as it can be difficult to determine whether a child knew the relevant act they committed was wrong unless it is stated during a police interview or if it was stated in a court of law. In order to prove the truth of the matter, prosecutors have been permitted to lead highly prejudicial evidence that would ordinarily be inadmissible and in essence; the circumstances would no longer protect the child and therefore it would be a disadvantage for the child when they stand trial for their actions. (Australian Government: Australasian Law Reform Commission,