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Australia's Legal System - Assignment

Added on - 12 Nov 2020

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THE AUSTRALIAN LEGAL SYSTEM PROVIDES BOTHEFFECTIVE AND EFFICIENT JUSTICE TO ALLAUSTRALIANS
TITLE: The Australian legal system provides both effective and efficient justice to allAustraliansThe Constitution of Australia is the legal basis that segregates the powers for the federalsystem of government. The framework mainly deals with combination elements of both UnitedStates and the Westminster governmental forms. This nation follows an adversarial systemwhich follows the two sided structure including the defence and prosecution to resolve the legalissues and disputes. It is useful in safeguarding the individuals' rights from any malicious activityor potential abuses. However, this also shed light on the delays and cost inefficiency withpossibility of injustice due to inclination on arguments rather than on evidence. For instance, the'Doctrine of Precedent' relates to the considerations that are based on earlier cases or decisionsand are refereed under binding or persuasive (Strang & Braithwaite, 2017). It is the constraint forjudicial decision making and let the judges to biased decisions in terms of similar cases. Thisshowed the inefficiency which is prevalent in the Australian legal framework and has hamperingimpact on the prevention of human rights of the Australians. In regard to same, there is no Billof Rights to be founded in a single document and sometimes it leads to inconsistencies at bothstate and federal laws. This lack of human rights for the Australians is clear violation of legalprotections which is important and considered as the bedrock of a free society. Thus, it might bedebatable whether justice and fair treatment is existent in Australian legal system or not.It could be analysed that most of the Australian are experiencing legal problem during2014 the reason behind this is ineffective legal assistance. It was added that the legal system ofAustralia is very much expensive, difficult and slow and thus this is not providing justice to allcitizen of country. The reason behind this problem was their bad experience, social circumstanceand medical parlance as well. It was also found out that people with special need, single parentsand from Aboriginal and Torres Strait Island is facing more difficulties in handling legalproblems (‘Slow, expensive, complicated’ legal system must be improved, 2019). All amongthese people are not able to access their legal assistance due to heavy or expensive legalformalities and increasing barriers to access justice. The cost issue which is related to reducingcost for public and government is very vital or important among them. About $700 million isbeen spend on legal advice and representation by its government which is largest among othernations (‘Slow, expensive, complicated’ legal system must be improved, 2019).
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