The Australian Legal System encompasses a distinct adversarial court system which serves to enforce the primacy of the rule of law through its hierarchical structure. It is built upon the continuously developing system of common law, perceived as ‘the greatest achievement of Western Civilisation’, enticing to uphold justice and ensure confidence in the judiciary. This report will discuss the validity of the statement through exploring the two tiers of justice, equal access to justice, and the legal profession.
Two Tiers of Justice
The two tiers of justice enable law to be effectively enforced in varied circumstances. The necessity for the rule of law to be administered in an “accessible, fair and efficient manner” is thus achieved, through case distribution between lower courts (trivial matters) and higher courts (indictable offences).
The difference in the administration of justice effectively lies within the varying nature of procedures. During the local court visit, numerous mentions (Parramatta local court) and AVO cases (Downing Centre) were scheduled for the same time with no specific time allocation. This illustrates the ideology of triviality, where local courts deal with majority of offenders. The fast paced, efficient procedures cater for this enormous demand, allowing greater access to legal administration.
Conversely, experience in the Sydney Supreme Court involved prolonged hearings sighting judges and lawyers dressed in wigs and robes. Interestingly, due to the comprehensive nature of cases, suitcases were used to transport files. With decisions declaratory and representative of Australian law, the Supreme Court bestows solemn attention to detail. The emphasis for strict adherence to the due process o...
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...ellant lawyer constantly exhibited raised emotions, interrupting procedures.
Resolving this contentious issue involves acknowledging the importance of resilience. Devised through the reading material and seminar are solutions including ensuring lawyer autonomy and establishing concrete self-esteem and integrity. Competence in the legal profession must be assured to facilitate the execution of justice to sculpture a reliable system.
The aim of the justice system is to establish confidence in the judiciary, where the population consents to resolve disputes through legal means rather than violence. Through ensuring proficient legal representatives and the sovereignty of the rule of law by engaging in a two tiered justice system whereby equal access to the law is achieved for all, is justice thus upheld and confidence in a competent judiciary thus apparent.
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