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 comparison of the different courts and their operation to uphold the rule of law.
Court Proceedings
The proceedings of all levels of court demonstrate the significance of professionalism of magistrates, judges and practitioners in their pursuit of justice. If legal personnel do not have a strong sense of professional identity, the court proceedings and legal system would be inefficient and dysfunctional from delays and incorrect decisions. In all the courts observed, upon the magistrate or judge’s entrance, all the people present in the court are to rise. In acknowledgement of respect for the law, the court and its judiciary, a bow towards the Coat of Arms behind the Judicial Officer is customary when entering and exiting the courtroom. These proceedings reflect the strong sense of professional identity the legal personnel have established through orderly conduct during trials, and how this identity necessity for the efficient pursuit of justice. Further, the judge in the Supreme Court and the magistrate in the Local Court were both addressed as ‘You...
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...hrough the proceedings in the court and the professional identity they establish which is essential in the efficient pursuit of justice.
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The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
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In conclusion, as a cornerstone of Australia legal system, the Mabo case had profound effects on protecting Aboriginal people. After twenty-five years of development, the situation is getting more and more better. However, the government can still have more powerful and forceful measures to improve those people’s
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There are four sources of Law in the Australian Legal System. They are Statute Law, which is made in Parliament, Common Law and the Law of E...
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... witness. Therefore it was found through my observations of the civil courts that the courtroom is very much a ritualised environment in which there are considerable power disparities.
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Professionals are people who have equipped themselves with the knowledge and skills in a given field. The interest of improvement of the professional identity is an evidence of how high standards are placed upon the professionals in the community (Johnson et al., 2012). Each profession creates its norms, values and scope of practice that distinguishes it from any other profession. Different legal ethics are upheld and everyone needs to work as per the stipulated ethics in the field to be part of the profession. People in the field are expected to be knowledgeable and independently use decision
In particular, Gallas-himself a former court administrator-thinks that what judges and administrators do within courts is insufficient to explain case processing differences; as he states it, the "local legal culture pervades the practice of law and the processing of c...
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