Australian Legal System Case Study

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Introduction 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,…show more content…
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 of law is essential in ensuring judicial legitimacy. The clear distinction between tiers ensures the accessibility and efficiency of courts which mounts to the achievement of justice. Equal access to…show more content…
Underlying the assumption is the role of lawyers as adversarial advocates and loyal agents who advise clients through zealous advocacy. The defendant lawyer in the Parramatta Local court, irrespective of personal opinions and the poor respondent attitude from his clients, represented the defendants with due care aiming to protect their rights. This portrays lawyer advocacy to facilitate client partisan interests with greatest avidity, a behaviour directly connoting their

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