If democracy and the rule of law were taken out of the world completely, there would be broad ranging consequences, however the consequences would be different for everyone. The rule of law is needed to ensure that no one is placed ‘above the law’ and those in position of power and/or influence can cannot behave with impunity of prosecution should they engage in criminal or corrupt behaviour. Democracy is a valuable political advantage to ensure that the rule of law can work as efficiently as possible. Australia’s democracy is one highly praised around the world and is seen to be an extremely effective model, allowing this island country to be largely free form corruption. South Africa is the perfect model for why the rule of law should …show more content…
Our democracy includes; “the system of responsible government, … the federal system which shares governing between the national government and smaller State governments, … the system of two houses of parliament, … compulsory adult voting, … the requirement that any changes to the Constitution be approved by the population through a referendum, … universal adult suffrage, … the separation of powers.” (Salmon, 2005). The strengths of the Australian government allow the country to be free of much corruption and allows the Parliament to represent the desires and needs of all Australians from all backgrounds and demographics. The benefits of the parliament representing all Australians, allows the country to rise in the rankings of the countries around the world in terms of health, education, employment and gender equality. The higher the rankings are compared to the rest of the world, is what allows the businesses to thrive nationally and internationally. People who are happy, healthy and educated are more likely to be hired by big national companies, as well as work a lot harder than those who are uneducated, unhealthy and miserable. The better the businesses do, the better the country is economically; as a country Australia is ranked #13 in the world for ease of doing business. “A high ease of doing business means the …show more content…
Although the democracy was building and working better for them, the efficiency of the rule of law started to decline in 2007, leaving many with different punishments for the same crime. On Valentine’s Day in 2014, ‘Blade Runner’ Oscar Pistorius shot and killed his girlfriend, Reeva Steenkamp. Pistorius was found guilty of murder and faced a sentencing which landed him 5 years, which is a “shockingly light sentence… he could be out in 10 months” (Pistorius prosecutors challenge 'shockingly light' sentence, 2014). South Africa is notorious for women dying at the hands of domestic violence. “It happens every eight hours in South Africa, where “intimate femicide” is the country’s leading cause of violent deaths of women.” (Seal, 2013). Domestic violence can be described as “a pattern of abusive behaviour that transgresses the right of citizens to be free from violence.” (Bretus Preller & Associates Inc., 2016). In contrast to the sentencing provided to Pistorius is another case of domestic violence in South Africa; a woman went to the police because the accused whom she was not romantically involved with, hit her over the head because she did not have any sugar to give him. This man was a middle-class civilian whom was not well known to the country and the
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
In theory all jury systems (which have existed for almost 800 years) are fair and just.
Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
The term “Court Hierarchy” is a very important word in the law world in modern society. It’s definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word “court” is from a Greek derivative “cohors” or “cohort” meaning courtyard or retinue. It’s definition from the dictionary certainly portrays the law as a very important and distinguished practice. “a. A person or body of persons whose task is to hear and submit a decision on cases at law.” “b. The building, hall, or room in which such cases are heard and determined.” The word, “hierarchy”, however, has a more powerful and specific relation to the law world. It is a Greek derived word and originally came from the word “hierarkhia”, meaning the rule of a high priest. “a. A body of clergy organized into successive ranks or grades with each level subordinate to the one above.” “b. A series in which each element is graded or ranked.” By placing these two words together, it has a responsibility of giving the public a definition of one of the most important practices portrayed by the Court System of Australia. Court Hierarchy is the term given to the system in which the Courts of Australia are split into different levels to deal with different matters by different levels of severity.
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.
Marymount College (Burleigh Waters). Legal Studies IA 2 Student name: Adi Liddell. Student number s 368849 Teacher Mrs Fraser
Australia has had one of the most outstanding economies of the world in recent years - competitive, open and vibrant. The nation’s high economic performance stems from effective economic management and ongoing structural reform. Australia has a competitive and dynamic private sector and a skilled, flexible workforce. It also has a comprehensive economic policy framework in place. The economy is globally competitive and remains an attractive destination for investment. Australia has a sound, stable and modern institutional structure that provides certainty to businesses. For long time, Australia is a stable democratic country with strong growth, low inflation and low interest rate.(Ning)
“A young man of sound judgement, easy motions, proper dress, and general good character” is Hardy’s description of Gabriel Oak in the first chapter of “Far From the Madding Crowd”. ” Archangel Gabriel was the Messenger of God, so it is expected by the reader that Hardy’s Gabriel must be reliable and dignified. There are many times in the novel when he acts as a guardian angel. His surname is a metaphor for his appearance and character. An oak tree is a symbol of great strength, solidity and endurance. Gabriel Oak shows these qualities throughout the novel. Oak’s character is established in the first few chapters and remains consistent throughout, unlike other characters such as Bathsheba and Boldwood, which is one of the main reasons I chose him.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
This is consistent with the concept of democracy as it allows much of the power to reside with the citizens of Australia, guaranteeing that those persons elected are held accountable to the people.
Parliament, as the sovereign lawmaking body is one source of law. It makes legislation via passing bills to make laws that abide by social cohesion and maintain social progress, such as sanctions imposed for murder under the Criminal Law Consolidation Act SA.
PREVIEW STATEMENT: I would like to show you today, how corruption could cripple the progress in South African societies by empowering criminal organizations and keeping the lower classes poor, and then I shall provide judicial solutions that revolve around empowering the public financially and legislatively to overthrow the tools of corruption. BODY I. First of all, one ought to recognize corruption as a real threat to political and economic structures in society in South Africa. A. “Transparency International's (TI) 2013 global Corruption Perception Index (CPI) shows that South Africa has dropped 34 places since 2001, with half the decline of 17 places occurring since 2009” (Newham, 2014). B. Corruption in forms of criminal organizations is often perceived as an illegal approach to gaining financial power which is intentionally committed to procuring services and benefits. C. The problem with South Africa is that its constitutional principles of accountability and its rule of the law are not firmly implemented, which allows the flow of illegal practices.
Corruption and fraud is a relevant topic in South Africa and will continue to be so until it is able to be limited. Corruption is committed mainly by people in power as they neglect and take advantage of this power in order to better themselves at the expense of others. Fraud and corruption is the wrongful or criminal deception that results in financial or personal gain. Government officials, police officers and some unexpected individuals such as law officials have been known to commit corruption and fraud. There have been cases of corruption in the 2014 elections and the political parties have seen that it is something the community is concerned over. Each party has addressed this concern and suggested ways in which to limit this corruption. Not only is corruption morally wrong, but it causes trust problems between the community and people in power, the people who are meant to help society. (1)