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The respective paradigm shifts between the aboriginal justice system and restorative system
Aboriginal customary law issue
Aboriginal customary law issue
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Recommended: The respective paradigm shifts between the aboriginal justice system and restorative system
Interrelationship : Aboriginal & Australian justice system :
The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)
Comparison between Aboriginal & Australian justice system :
There are certain areas of conflict between the Aboriginal Justice system and the Australian Law. Persons following the aboriginal customary laws if give out traditional bodily punishments prevalent under the customary law may be regarded as an offender under the australian law. Similarly there are several initiation practices under the the customary law that constitute criminal offence. Some scholars have proposed to make the traditional punishments of the aboriginal people as lawful under the Australian legal system but there are an equal number of critics for the proposal as well. They say that it should be on case to case basis rather making every provision of customary law legal. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia)
There are several inconsistencies between the aboriginal law and the australian law, for e.g. if a person commits a crime governed under the australian law then in that case he will be liable to punishment but if an aboriginal person violates both the customary law and australian law then in that case he will be liable to be punished under both laws or in effect getting double punishment for a sin...
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...ed through the decisions of the Court whereas, the statutory law is made by the commonwealth parliament and various state parliaments. (Australasian Legal Information Institute)
In United Kingdom a Bill can be introduced in any house of the parliament, it is discussed before passage in both houses. After both houses have passed the Bill, it is sent for getting the Queens assent and after that it becomes a Law. (Reynolds)
Works Cited
Commonwealth Consilidated Acts http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s72.html> retrieved on 18th Oct 2009
Aboriginal Justice Report retrieved on 18th Oct 2009
Shukla SK, Indian Constitutional Law, Universal Publications 2008
Reynolds Jane, Constitutional Law, Hodder Education Series
Peterson.L, Global Laws:A Review, ETM Publications
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Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
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The changes needed for the Australian society to be adequately addressed is not the law itself but the consequences in regarding the law because if they were effective than there would be less violence happening but that is not the case.
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The purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
The parliament is where laws are made in the UK. The laws often made apply to England and at times areas in Wales, Scotland and Northern Ireland. Their decisions come from different sources and pressure on the parliament can often change their ideas on policies. The government is who normally puts laws forward and introduces them. If the laws do not derive from them, they are from pressure groups, the media or law commission. Other pressures are present inside as well as outside the parliament, such as, the Royal Commission and the European Union.
Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes. Determining whether Queensland should re-introduce capital punishment as a sentence will be the focus of this assignment.
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The governments of the Northern Territory and Western Australia are investigating how indigenous law can be incorporated into state law. Chris Sidoti of the Human Rights Council of Australia says: "Some people would say that human rights runs opposite to Aboriginal law, others that it provides a universal standard to which other legal traditions must adapt. Customary law can't remain immutable. The problem for those trying to bring the two systems into line is that human rights law derives from a western legal tradition which frequently contradicts Aboriginal law.
Indigenous Australians have had a controversial place throughout Australian history, with World War 1 being one of the main events in this topic. Although there were no aboriginals that went to fight in World War I, it was not that they didn't want to because of their violent history with the British, it was because the British didn't allow them to enlist for World War 1.
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