The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
The rule of law, originally coined by A V Dicey in the 19th century, is the …show more content…
One of the key components of the rule of law is that the law should apply to everyone equally and fairly, whether, monarch, government or citizen (Ellis 2013). As A V Dicey believed, no one should be above the law and everyone should be subject to the rule of law (Ellis 2013). Within the rule of law, there are five vital components to the operations. These include fairness, rationality, predictability, consistency and impartiality (Hinchy 2015). Fairness and rationality ensures the rule of law applies to everyone including citizens and the government. Predictability pertains that if a law is broken, the consequences will be known. Consistency, warrants consistency that the rule of law is being applied to everyone the same. Lastly, impartiality, which is an individual that decides on issues to do with the law (Hinchy 2015). The rule of law maintains consistency and equality within nations, yet there are countries where the rule of law is not common practice (Ellis 2013). Overall,
the laws it chooses, 2. the rule of law, which says that laws must be
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
Common law jurisdictions are said to be mainly associated with what is known as an adversarial system whereas civil law systems operate under inquisitorial procedures. The inquisitorial system is generally defined as a system that aims to get to the truth through extensive investigation and examination of all evidence. The adversarial procedure aims to find the truth through the open competition between the prosecution and the defence to make the most compelling argument for their case. Critics of the adversarial approach dispute that the goal of winning often overshadows the search for truth. Legal circles thrive upon debates surrounding the strengths and weaknesses of both systems. Some argue that the reliance of lawyers for the presentation of evidence a characteristic of the adversarial system taints the process and allows for faults in the search for truth. Professor Langebeins aforementioned statement denotes the perception that the inquisitorial procedure is a better system in place for truth finding in criminal law proceedings. Neither system is inherently superior. In fact there are many shared features and many countries integrate features of both procedures, having experienced a level of convergence over the last 80 years which
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
The Aboriginal Legal service in Queensland was originally formed in 1972. This was largely due to the commitment for justice of various community members and the passion that they had for the laws to be equal for Aboriginals. On September 18th of 1974 the organisation became incorporated as a company due to its success in its early stages calling itself the Aboriginal and Torres Strait Islanders Torres Strait Islanders ablished it was established in every State and Territory to provide culturally competent legal assistance services by and for Aboriginal and Torres Strait Islander peoples.
In 2013, reforms were made regarding the new concepts of justice surrounding the laws of those awaiting trial under the Bail Act 2013 (NSW). The concept of bail is that when someone is charged for an offence and is waiting for trial, instead of being held in remand, one can be released on bail at liberty however may have to respond to a series of conditions. This feature enables that one is presumed innocent until the very end, if proven guilty. This right is fundamental for everyone however it’s value in our legal system is gradually decreasing, as shown under new laws as illustrated in the Bail Act 2013. In the case of bail laws, the need to protect society is also important and can often come into conflict with other fundamental rights.
The Australian Court Hierarchy is structured through five different types of courts that suit different needs. The Hierarchy categorises the importance of cases by the level of offence or reason. This is then forwarded into the court it categorises under. The employees of the Australian judicial position have roles that vary to the courts they serve in.
I, Robot presents a story based on both real and scientific developments that occurs during the future. By fusing technology with fantasy, an imaginary world is created to make predictions about life in the years to come. I, Robot comments on important issues in society, displaying what continuing advancements in technology could do to the world. The dystopian film displays that the farther humans stray away from the present world and ideas, the greater the chance will be of them becoming susceptible to destruction.
The Rule of Law has always been a widely discussed topic throughout the history of modern political thinking. It can be defined as, “the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law” (Dictionary.com). English philosopher John Locke and Genevan philosopher Jean-Jacques Rousseau have both developed well-rounded and detailed accounts on the Rule of Law and its crucial role in ensuring democracy and freedom in society. Despite the undeniable success and importance of their works and ideas, I believe ________ constructed a more persuasive and influential argument in explaining the extensive effects of the Rule of Law on government and society.
Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system. Civil law is markedly inflexible because it is difficult to update common law to change with the times. Until relevant criminal charges are laid out or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
Man has recognized the importance of justice in his society since the earliest of times. In order to serve justice, there has to be a law to settle differences among the people of the state. The history of law in relation to society reveals that humanity’s earliest efforts at lawmaking were prompted by the basic desire of self-preservation. Although engulfed by a society that necessitated such combinations as clans and tribes for protection, as well as for social and economic advancement, the nature of the individual led to the development of certain expressed general rights with regard to person and property1. Generally, these unwritten rules governing social and economic interaction recognized the right to defend oneself from injury as well as to enjoy property without outside interference. While sufficient for primitive societies, unwritten rules of social control were ineffective in a rapidly developing society. So, an effort was made to clarify them so that all the people would know their definitions, limits, and applications.