Courts as the Best Way to Access Justice: An Australian Perspective

This essay explores the role of courts in the Australian justice system, arguing that they are the best avenue for accessing justice. It begins by highlighting the importance of a functioning legal system in maintaining social order and peace. The essay then discusses the hierarchy of courts in Australia and how they operate within the common law structure, emphasizing the unbiased decision-making process. It argues that courts provide a crucial regulatory function for dispute resolution, ensuring fairness and transparency. The essay also touches on the evolution of laws through precedents and the public's trust in the judiciary. It concludes by reiterating that courts are essential for resolving conflicts, punishing wrongdoers, and upholding justice in society, making them the most reliable means for individuals to seek righteousness.

Courts are the best way
to access Justice

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY...................................................................................................................................2
CONCLUSION ...............................................................................................................................4
REFERENCES:...............................................................................................................................5
Books and Journals:....................................................................................................................5
INTRODUCTION
Australia's justice system provides a proper functioning of law and order in the country as a
whole which helps in maintaining harmony and peace among the citizens residing in the state. It
renders certain obligations on the people of Australia which has to be followed by them
accordingly. Australian justice system is supported by the common law structure which means
that the decisions delivered in the court of law by the judges are based on the previous
judgements1. The hierarchy of courts in Australia is divided as High Court, Federal Court,
Federal Circuit Courts, State and Territory Courts and Tribunals. This essay argues that the
courts are the best way to approach for the delivery of justice which ensures the unbiased
decision making regarding any kind of disagreement arise between the disputed parties.
MAIN BODY
The interaction between people in the form of reciprocation of ideas and views on various
issues leads to a particular conclusion but sometimes there is a clash occurs among these
ideologies based on various beliefs and theories. Each and every person supports one or the other
explanations with a constructive thought process which give birth to the disputes or differences.
1 "Oz Child Legal Service: A Legal Service For Children And Young People" (2022)
19(2)

In order to solve the clash among various areas of interests there is a need of a regulatory body
for the dispute resolution. Earlier there were kings who maintains the situation of law and order
among the people of their territory. And in case of any conflict arises between the individuals,
they are governed by the rules and regulations made by the monarch. But now, the controlling
authority has changed in the form of Courts and Tribunals2.
The justice is delivered by the Judges(superior authority of the courts) who follows the rule of
transparency and fairness in their decision making. The courts are established to eliminate
injustice by assuring that the society is following the rules and regulations imposed on them by
the law making authorities. This is the world of democracy, where the origin of the government
dominance is the people of that state. Now there is no rule of the crown or the crowned heads.
People of the state elects the ruler of their choice. With this, the justice system has also changed.
Constitution of the courts and various other tribunals became important so as to achieve the aim
of an ordered society.
The formation of this kind of society must have these two requisites, first is, the fundamental
principles that governs the members of the community, second is, the means of delivering justice
in the society that is the courts3. There must be a single authority through which the people can
achieve the ends of justice. Every democratic state has its own structure of Parliament, majority
of them includes Legislature, Executive and Judiciary. These are also known as the pillars of
democracy. Each structure has its own importance where legislature makes the law, executive
formulates the law made by the legislative authority and the judiciary ensures that the law made
and executed by the former powers are being followed by the individuals.
The Constitution of the state enshrines the power to solve the conflicts among the members of
the society to judiciary. There are certain cases for which no specific legislation is present with
the courts so as to adjudicate upon that matter, in that situation courts follows the previous
decisions which are also known as 'precedents' to solve that particular matter. If one talk about
Australian Courts, they have codified laws made by the parliament and the uncodified laws
interpreted by the courts which are based upon the previous observations or verdicts. They made
their laws on the basis of the disputes encountered by the courts by the passage of time. Like,
2 "VICTIMS OF CRIME AND THE LEGAL SYSTEM" (2019) 1(18)
3 Bird, Ruth, "Legal Research And The Legal System In Australia" (2018)
28(1) International Journal of Legal Information

property disputes led to the development of Contract laws, hurt and harm done to any person led
to the development of Law of Torts. From such circumstances, it is clear that the concept
constituted by the courts became the support for the common law4. The emergence of such rules
indicates the decision making of the courts. The common people usually approaches to the courts
for attaining justice,because they have trust on the decision making power of the judicature.
There are various subheads in the hierarchy of the courts and each subhead posses their own
roles and matter of concern related to the different issues.
The delegated authority of the federal government forms various tribunals in terms of providing
speedy recovery of justice. The justice system of the state also provides the alternative of out of
court settlement with the aim of delivering justice to the aggrieved parties. It must be noted that
the main concern of the court is to provide fair justice to all those individuals who have accessed
the courts for the same5. The courts are the only medium through which people can have the easy
access to the righteousness in the society.
CONCLUSION
From the above essay, it can be summarized that the courts are the best way to determine
justice and on the same note, to eradicate the matter of injustice in the society. This could be
done by resolving conflicts arising between the parties in disputes and by punishing those who
violates the rules and regulations made by the regulatory authority. First, it is argued that there
can be differences among the ideologies of the particular group or between the individuals in the
society which leads to the disagreement. Where one section of the society is aggrieved and one
can be the suppressing group. Now the matter of concern is the adjudication of the courts in
delivering fair justice and transparency in decision making for which a person or a group of
persons approached the court of law. Second, it is argued that even if there is absence of a
4 H., R. T., "Scientific Work Of The Local Governmnet Board" (2021) 80(2059) Nature
5 Miller, Paul W. and Derby Voon, "Government Versus Non-Government Schools: A
Nation-Wide Assessment Using Australian Naplan Data" (2021) 51(3) Australian
Economic Papers

codified law, the courts try to establish the law through previous rulings or observations, that is
the precedents. Because rendering justice is the main objective of the courts.
REFERENCES:
"Oz Child Legal Service: A Legal Service For Children And Young People" (2022) 19(2)
"VICTIMS OF CRIME AND THE LEGAL SYSTEM" (2019) 1(18)
Bird, Ruth, "Legal Research And The Legal System In Australia" (2018) 28(1) International
Journal of Legal Information
H., R. T., "Scientific Work Of The Local Governmnet Board" (2021) 80(2059) Nature
Miller, Paul W. and Derby Voon, "Government Versus Non-Government Schools: A Nation-
Wide Assessment Using Australian Naplan Data" (2021) 51(3) Australian Economic
Papers