Essay about An Example Of Constitutionality And The Rule Of Law

Essay about An Example Of Constitutionality And The Rule Of Law

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Legislative Memo



Legislative Memo: Vexatious Proceedings Act 2005 (Qld)
Purpose of legislation
The Act is an example of constitutionality and the rule of law. The administration of justice to all irrespective of their social status is a core objective that governs the most courts of law. Ideally, the judicial process ought to be expeditious in a bid to grant all parties a fair trial. However, abuse of the judicial process by the litigants is highly discouraged thereby leading to the formulation of legislations such as the Vexatious Proceedings Act 2005 in a bid to curb such tendencies. The aforementioned Act has been of importance in the curbing of vexatious litigants from being in operation.
The core purpose of the Vexatious Proceedings Act 2005 is the reformation and consolidation of the law relating to vexatious proceedings in both courts and tribunals in order to balance competing interests that arise during the court process . The other purpose of the Act is the granting of courts power to restrict an individual’s ability to pursue vexatious litigation . This purpose aims at protecting both the community and the court process thereby ensuring that the rights of individuals are protected. It also grants the litigants the chance to have an easy access to courts via the institution of meritorious litigation in a bid to protect and defend their interests.
Finally, the Vexatious Proceedings Act 2005 also seeks to ensure that the allocation of resources in the determination of meritorious cases in the courts and tribunals is fair . This purpose aims at the reduction of delays thereby enhancing the easy access to justice for all members.

The structure of the Act and how it achieves its purposes
The ...

... middle of paper ...

...tection of rights and the determination of meritorious cases. Further, one of the consequences that arise from this act is that there is just expedition of justice since there is minimal abuse of the judicial process. Similarly, the Act reduces delays thereby eliminating the backlog of cases and promoting fast disposition of cases and administration of justice.
Finally, the Act ensures that there is a fair balance between the competing interests and adheres to the rule of law. The balance of competing interests arises via ensuring that the parties instituting such proceedings represent themselves before courts or tribunals. This ensures that there is equality in seeking justice. The Act follows the rule of law since its main objective is to administer justice to all interested parties. The rule of law seeks to promote justice, transparency and accountability.

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