Fairness in the australian legal system essay

They serve as guidelines for carrying out justice. This kind of lack of civility was to play its part in the political response to the evil of alcohol-fuelled violence. The judiciary is the government branch concerned with the administration of justice.

When decision-making procedures treat people with respect and dignity, they feel affirmed. It has a Chief Justice and six other judges who can preside either individually or together. Nevertheless, our respective incivilities led to the failure of an infinitesimal commercial transaction.

International legal cooperation and treaties Australia seeks to promote international cooperation in the legal sector. If you work hard, you should be rewarded. It is fair to say that civility, justice and fairness are the more general and less defined ideas in the law, and, in that sense, the remoter parts of the law.

That political response has been to introduce mandatory sentences for crimes glibly called "one-punch killings". Different understandings of the meaning of justice underly a lot of the disagreements we see in the United States right now regarding topics such as immigration, taxes, and health care.

Their inexactitude is a reflection of the complexity and often contradictory nature of the human condition. Recently, however, the issue presented itself to the High Court, but the Court displayed no particular enthusiasm for addressing the question by reference to the above considerations.

This was the essence of the "Arab Spring" uprisings that began in and continue today ; it is also the essence of uprisings that have occurred off and on though with much less intensity and violence in Europe over the same time period.

This is not the only example of personal attacks on judges, and not only in New South Wales. This means they must make an honest, unbiased decision based on appropriate information. Chief Justice Gleeson upheld the validity of the law, and, in doing so, gave a customarily succinct and evocatively pithy example of conflicting rights in society and of the importance of civility.

Civility, Reason, Fairness and Justice, and the law

Justice, perhaps, is the most difficult. The Federal Magistrates Court was established by the federal parliament in and conducted its first sittings in July The principle of consistency proposes that "the distinction of some versus others should reflect genuine aspects of personal identity rather than extraneous features of the differentiating mechanism itself.

Principles of Justice and Fairness

Belliveau, "Tradeoffs in Justice Principles: Justice Heydon saw the constitutional protection as limited to civilised interchange about governmental and political matters. It may or may not have been.

The Australia Legal System

One measure of fairness is whether society members believe that authorities are concerned with their well being and needs. These issues come within the orbit of cases now before the Federal Court, and I will refrain from exploration of the debate about s 18C of the Racial Discrimination Act, for that reason.

The language used is uncivil and ugly. For more serious charges it is usual for a jury usually of 12 people to determine the guilt or innocence of defendants.

Judges are generally less rudely behaved and less difficult than they were in early generations. Legal aid and representation Australian governments recognize that access to legal representation is an important element in ensuring justice for all.

Bunker and Jeffrey Z.Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system. The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. Fairness and Justice in the Australian Legal System Words | 6 Pages The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (mint-body.com, ).

Fairness and Justice in the Australian Legal System Essay - The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (mint-body.com, ). The legal system of Australia has been considered as one of the world’s “common law" legal system.

According to Laster, this characteristic of the Australian Legal System, were rooted on the influenced of English colonial rule which has been developed since the 14th century (). The principles of justice and fairness point to ideas of fair treatment and "fair play" that should govern all modes of exchange and interaction in a society.

They serve as guidelines for carrying out justice. Australian courts work on 'adversarial' system, which innate within the English legal system. This system comprise of two parties presenting their case against each other, where the third party known as judge or magistrate presides the case directly.

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Fairness in the australian legal system essay
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