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The Australian legal system is a distinct and unique entity that differs significantly from most of its counterparts worldwide. Though derived from English common law, it has evolved independently and eventually become sufficiently different to abandon the perception of being a copy. With that said, this uniqueness also means that Australian courts have to establish their fair and unbiased nature on their merit instead of relying on the foundation. For the justice system’s proper functioning, it is critical to ensure that these qualities are present and prevalent throughout the entire framework. This essay looks at a review of the Australian legal system and identifies the separation of powers, the court process, and the common law system as the three essential components of fairness.
The separation of powers refers to the classification of government into three different branches: legislative, executive, and judicial. The first makes or changes laws, the second implements these laws, and the third interprets these laws when they arise in legal disputes. An essential component of the separation of powers is the limitation of any one branch’s influence over the others. The three institutions’ goals will occasionally conflict, whether due to corruption, disagreements regarding goals, or other factors. If the legislative and executive branches could influence the courts to make them reach a desirable decision, they may create unfair verdicts. The separation of powers protects the judicial branch from such meddling while also prohibiting it from interfering nefariously, which is another source of bias.
The court process is another critical component of ensuring that trials take place fairly. It establishes a framework that must be strictly adhered to during the resolution of disputes. The system is designed so that both parties have an equal chance to make their case, presenting all of the arguments and evidence they have to reinforce their position. Moreover, Australian courts are differentiated into a variety of branches that specialize in different types of legal disputes. As such, they are prepared to deal with a wide variety of cases in manners that are appropriate to that purpose.
Lastly, the common law system is essential to fairness because of its distinctive qualities. Laws are imperfect and will often omit specific edge cases through the creator’s oversight. A creative party may take advantage of these gaps to engage in unlawful conduct that is technically not illegal. However, in the common law system, judges can make laws through their court decisions, which set precedents for lower courts in the hierarchy (Vines, 2013). As such, they can compensate for the problematic area and administer a fair ruling based on the intention of the law rather than its text. In civil law, the other highly popular system, law codes would need to be adjusted to address the problem post facto, without retroactively affecting the current case, and while opening new exploitation opportunities.
These three institutions and practices are essential to the administration of justice without unfairness or bias in the Australian court system. As long as they are followed, the system will fundamentally operate as intended. Even if corruption or other factors lead to a perversion of the law, the system makes such unjust situations easy for third parties to perceive and expose. However, such declarations are meaningless unless the system reviews them and responds to them adequately. Due to the separation of powers, it is challenging for entities outside the judicial branch to challenge it if it is corrupt. Courts have to continually review themselves for potential misconduct to ensure the continued fair administration of justice.
References
Vines, P. (2013). Law and justice in Australia: Foundations of the legal system (3rd ed.). ProQuest Ebook Central.
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