The high court has a significant impact on the lives of all Australians. In order to understands how and why the high court affects all Australian lives its necessary for us to know the role of the high court of Australia in the Australian legal system. The high court of Australia was established in 1903, its located at Canberra within the parliamentary triangle. The high court is also known as at the guardian of the constitution and the rule of law. Within the hierarchy of courts, the high court is ranked as the highest within the Australian judicial system. Who is involved in the high court? There are 7 justices and 1 chief justice within the high court. 7 justices will be required for constitutional cases and 5 justices are required for cases in regards to different matters. The way in which the high court works is that the …show more content…
justices Hears cases for two weeks then has two weeks of, in which they make their judgment. The aim of each justice is to resolve the legal issue within the case they are provided with. The high court holds many different and significant roles. One of the significant roles that the high court has is enforcing the Australian constitution, interpreting and applying all the Australian laws. Such as state federal and common law. The high court makes many decisions that has a significant impact on our lives, some of the decision that has established many important laws are the Aboriginal Native Title, Australia refugee law and the right for young people to vote. The high court has the ability to make new laws as it has the ability to interpret the constitution or a statue.
Although it is required to consider the common law rule, principles and to apply settled laws to new facts. The court is also restricted by different legal doctrines of precedent, separation of powers and the court is required to make Australia laws remain predictable and certain. The high court makes judgments on constitutional question and disputes, the high court also resolves conflicts between states and federal government. Its also the final court of appeal. The high court of Australia deals with cases that come through an appeal against the decision of the supreme court of the states and territories, federal court of Australia and family court of Australia. The decision for these appeals is dealt by a full court of no less than two justices. Although some of the matters require to be heard and determined by one justice. once the high court makes a decision on the appeal, that will be the final decision and no further appeals can be made The decision of the high court becomes binding on all courts throughout
Australia. In order to get the high court to hear an appeal the parties are required to inform the court in the preliminary hearing about all the strong and valid reasons on why their appeal must be heard. Once when an appeal is accepted by the high court the legal practioners must place forward a case that need to be heard and prepare an appeal book. The appeal book is required to have basic documentation which will help the court to consider the issues which will be raised by the appeal. The judgment is made after the hearing, each justice makes their own decision and the decision of the majority is accepted. Once the justices states the reasons behind their decision, their statements will be handed to the court and a printed copy of their judgments is given to both parties once the court announces their decision . Some examples about the different cases that the high court hears about are contract, company law, copy rights, courts marital, criminal law and procedure, tax law and insurance.
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The roots of Australian laws are similar to traditional Aboriginal laws, dating back to before the Norman Conquest in 1066, where each separate village had their own laws developed to their own customs. This changed however, after a centralized legal system was established after 1066. A common law was formed, that applied to all of England. This was later combined with equity law and mercantile law, which is the basis of Australian law today, known as ‘statute law’.
Nowadays, the Australian legal system has three powers, which are legislative, executive and judicial. Legislative power is in charge of making the laws; subsequently those laws will be passed to the executive power to administer the laws it...
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
In the Court Hierarchy System, there are six courts all together. The names of each from the highest and most powerful court to the lowest, are:
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
The justice system exists to enforce the rule of law and protect rights of the people, with great importance placed on upholding fairness. Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar of the constitution, this quote shows that the courts and the whole of the justice system is important to maintain law and order in today’s society. With the supreme court itself being a form of check and balance for the executive power, but still maintaining the importance of parliament sovereignty. They exist, as can be seen in the quote by lady hale, that it should serve the needs of the UK justice system.
The Supreme Court is essential to the United States government, even more so, the judicial branch. The Supreme Court aids in protecting the Constitution of the United States, and as a result, protects the American people’s liberties.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
vBefore the white settlers came to Australia in 1788 and claimed that the land belongs to them, there were groups of people living across Australia. They are the Aboriginal and Torres Strait islanders. Even Though there weren't any written laws on the restrictions for them, they are very structured with the ancestral laws and regulations. Their law is called the customary law and it is believed to be created during the dreamtime. Over the period, these laws are passed down from generation to generations through painting, dances, art or verbally.
To some extent, these two provisions (and their state and territory counterparts) simply re_ected changes that were already occurring in judicial doctrine and practice in Australia, England and elsewhere. However, the provisions enjoyed the legitimacy of parliamentary endorsement for the changes that were happening anyway.81 Such provisions in statute law had a tendency to drive judges back to the statutory text (read in context and with its apparent purposes in mind). e practical problem that sometimes presents to judges is this.
One of the features of the Australian constitution is that is it structured in a way that in theory reflects the rule of law. This doctrine, the separation of powers, doctrine is assumed to be a fair structure of government as its principles suggest that power does not lie with one branch, but is spread out amongst the three (legislative, executive and judicial.
... Supreme Court of Justice (formerly known as the House of Lords). Courts that are considered as higher courts in the hierarchy of courts would be the Court of Appeal and the High Court.