The Australian Constitution irrefutably achieves justice for the Australian people. Justice is crucial for the productivity and betterment of society, it refers to the notion of people being treated fairly and impartially by the abetriers of the law and the people in power. As U.S. President John Adams once stated; “I say, that power must never be trusted without a check”. Power and its influence must undoubtedly be balanced and extensively assessed for it to be deemed trustworthy and dependable. The Constitution of Australia provides this balance through the division of powers, the separation of powers as well as the High Court, bestowing Australians with equitability and thus, achieving justice for the people. The Constitution secures justice …show more content…
The institutions of the Australian government are divided into three branches, as specified in part V of the constitution. These are as follows: the legislature- as highlighted in chapter one, their power is directed at making and changing the law, the executive branch- as cited in chapter two, they are responsible for enforcing the law through government agencies, and the judiciary, whose power is restricted to interpreting the law- as specified in chapter three. Each branch works independently from the other, which in turn, allows the possibility of one branch holding the other accountable for any misuse of power. As a result, the individual rights of Australians are protected from the corruption of power by any one branch of government. This is highlighted in the case of Graham v Minister of Immigration. In the case, Peter Dutton- the minister of immigration and border protection, relied on a section of the migration act that stated that he was under no legal obligation to disclose information surrounding the cancellation of an individual’s visa, either to the party affected- in this case Mr Graham and Mr Te Puia, or to a court- be it the High Court or Federal Court. The High Court ultimately ruled Dutton’s decision invalid as the part of the migration act used by the defendant was in fact unconstitutional, as a court cannot properly exercise its power with …show more content…
It achieves this through the division of powers, the separation of powers as well as the High Court. John Adams once stated that “power must never be trusted without a check”. This remark holds profound significance to Australia’s various legal authorities. The division of powers distributes power across two levels- the exclusive powers and the residual powers, thereby regulating the distribution of control over Australians. The separation of powers divides the institutions of the Australian government into three branches- the legislative, the executive and the judiciary in order to enable the possibility of accountability- that is, that one power is able to hold the other accountable for any misuse of authority. Finally, the High Court plays a significant role in the pursuit of justice as they are responsible for interpreting and applying the law in cases that are of federal significance, protecting and developing the expressed and implied rights of Australians. Justice, which is vital for the welfare and betterment of society, refers to the notion of fairness and impartiality being upheld by the abetriers of the law and the people in power. The Constitution conclusively secures justice for the
Reconciliation Action Plan The goals and visions behind my reconciliation action plan was to bring the two sides of Aboriginal and non-Aboriginal Australians together in equality and harmony. Since the colonisation of Australia there has been a vast divide between the two sides that has caused many serious outcomes for Aboriginal people. My way of contributing to this is to create a better understanding, restore trust and eradicate racism as a positive way to help close the gap between Aboriginal
Whether the adoption of a constitutional Bill of Rights promotes freedom and liberty is a highly debated topic. I agree that Australians should avoid the immediate adoption of a constitutional Bill of Rights as it gives the judiciary too much power. This essay will explore the advantages and disadvantages in implementing a constitutional Bill of Rights and whether implementing a Bill of Rights will shift the balance of the government and courts and what those consequences will be. This essay will
The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation
censorship laws. The United States in 1996 passed the Communications Decency Act. This law was later found to be unconstitutional and in violation of first amendment rights to freedom of speech. The US currently has no internet censorship laws. The Australian government uses the Broadcasting Services Amendment (Online Services) Act 1999 to censor internet traffic to this day. II. US and the ... ... middle of paper ... ...4, . Internet Censorship in Australia, 20 December 2002, Electronic Frontiers
Education policy has changed throughout history, where today it has evolved to become more inclusive. Education policy does not exist in isolation, and it is impacted by many factors, the policy inevitably involves historical issues. Educational institution policies have been reshaped in particular forces ways sometime (Connell, Welch, Vickers, Foley, Bagnall, Hayes, Proctor, Sriprakash, Campbell, 2013 p.187). Equality for Aborigines in education is essential to the economic, social and cultural
Dream,” presented in the Lincoln Memorial, August 28, 1963, Martin Luther King Jr talks about his American Dream. This speech is recognized as one of the best speeches ever given at the Lincoln Memorial. As King gives his speech the reader would notice how the second half of the speech is what the world would see as the American dream. The first half consists of the actual reality, nightmare, of the world the constant state that seems never to change. Throughout the speech a person can hear one of the
of a country to be able to compete with others in this modern, trying and chaotic globalised world. It is obvious, therefore, Islamic management system is comprehensive one based on the philosophy of faith in Allah. It does not exclude secular system so long as it does not contravene with the Islamic syariah. Islamic system without worldly need system is incomplete. Muslims became static after their downfall because they had wrong direction and perception about Islam. As such, they did not