The Australian Justice System

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The Australian Justice system is bound by certain rules and regulations which are integral to its role on society within Australia and its differences to the rest of the world, except for one other country whereby it follows suit. Though the laws of the Australian colonies fluctuated from the United Kingdom in countless respects from the commencements of settlement, the underlying configurations of thought mirror the common law institution as received from Britain. From those essential patterns we took from the United Kingdom we gained a legal system of which bases itself on the courtroom and the societies who run it. When it comes to the final say though these configurations we have somewhat gained from giving full reign to one individual which is the focal point of any case, he/her is the reviewer, the evaluator and the arbiter or more commonly known as the judge.
This essay proposes discussions that judges are unquestionably an integral part of the Australian Justice system and divulge the key concepts and issues relating to a judges role. The existent question though is that judges are merely meant to interpret the law, granted most people distinguish or assume they make new law at their own will and on their own merit. This essay will be taking examples and complications from Australian cases and will be implementing the Harvard referencing structure.

Before the proposed question can be properly answered, the imperative dynamics of the courtroom must be discussed. The basic elements of a judge; a judge is a ceremonial overseer of main accounts in the court room. His/hers main contribution is to instil proper knowledge of specific information if need be. Essentially Judges exercise, to their fullest extent, judicial power. ...

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Brennan, Justice F.G. (1992) unpublished paper delivered in Canberra on 16 July to a Human Rights Conference and referred to in Connolly P. and Hulme S. (1993) The High Court of Australia in Mabo AMEC Leederville.
Constitutional Commission 1988, Final Report, AGPS, vol 1, chapt 6. Canberra.
Green, L 2012 ‘The concept of law’, (3rd edn), Clarendon law series, CPI group ltd, Croydon, Great Britain.
Kirby, M. (1993) "Looking to the courts to fight political paralysis" Sydney Morning Herald 26th October.
Mason, A 1993, ‘The Role of the Courts at the Turn of the Century’, Fifth Annual Oration in Judicial Administration, 3rd edn, Journal of Judicial Administration 156.
Mason, Sir Anthony (1987) "Future Directions in Australian Law" Monash University aw Review
Stephen, N 1989, ‘Judicial Independence’, Inaugural Annual Oration in Judicial Administration, AIJA Melbourne.

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