The Australian Justice System Essay

1881 words - 8 pages

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. This for all intents and purposes, encompasses constructing mandatory decisions affecting the privileges and responsibilities of citizens and establishments. ‘A judge can practice any of the succeeding three sources of Australian law, when going forward with this task: Acts of Parliament or legislation; the common law, or previous decisions by the courts; and a constitution, either State or Commonwealth, depending on the particular court the judge is working in’ (Mason 1993).
Australia is a federation with two paramount levels of government, along with two levels of courts, state and commonwealth. The high court is the final court of appeal for both levels. The federal court of Australia act makes fact that any court of law has an obligation to involve the workings of a chief justice and other judges as prearranged, this is the act of the high court/ Supreme court/ court of appeal, state court judges can also exercise other powers. Judges of the court are assigned by the governor-general by instruction, only the governor-general has the power to remove a judge from appointment on address from both houses of parliament in the same sitting. All judges must retire at the age of seventy as senility tends to take hold at...

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