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Maintaining The Rule Of Law Essay

965 words - 4 pages

The judicial court system aims to achieve justice by upholding the ‘rule of law’, in which everyone is ‘subject to the law and can rely on the law to set the bounds within which other people and governments can operate.’ However, the rule of law does not always work to prevent all injustice, and lawyers should be actively involved in developing and maintaining the rule of law to establish a civil society which can be the foundation of justice for all. This is achieved through the professional identity legal personnel establish, demonstrating the importance of professionalism and resilience in the pursuit of justice and prevention of arbitrary abuse of power. This is observed in the ...view middle of the document...

A trial is structured for the orderly collection of factual evidence by the Court, and in this process both parties are allowed to present their cases in turn. In Local Court, the trials were much quicker than the Supreme Court, where several cases were presented throughout the day with lawyers presenting their arguments and magistrates making decisions quickly. However, in the Supreme Court, the Judge reviewed and discussed the facts of a single murder case, R v Tarek ABDULLAH for a substantial amount of time and interpreted it for the jury, whereas the Local Court criminal cases did not have a jury. While both have their differences, a strong sense of professionalism is established in both courts through their orderly behaviour and language, leading to an efficient operation of the legal processes. This professional identity is furthered in the resilience of solicitors. For example, a magistrate in a criminal local court trial, R v Ahmed, berated the defendant’s lawyer for not clearly presenting her argument. However, the lawyer showed a strong sense of resilience and professionalism by consulting another lawyer and regathering information to present to thoroughly present her case. Despite the differences in proceedings in the Local and Supreme Court, the legal personnel in both courts present a strong sense of professional identity, and this is essential for lawyers and the use of the rule of law to restrain the arbitrary abuse of power.

Court Structure and Physical Dynamics
The Judiciary of Australia consists of a hierarchy of courts, where courts have a different rankings and responsibilities with respect to their jurisdiction. In both the Local Court and the Supreme Court, the magistrate and judge’s bench are elevated and reflect the respect and authority of the judicial officer, demonstrating a strong sense of professionalism. In Local Court, there is no jury, and the magistrate has two roles: carry out the committal process, which is to decide whether or not there is a case in...

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