The Australian Legal System: Justice, Efficiency, and Challenges

This report provides an analysis of the Australian legal system, focusing on its effectiveness and efficiency in delivering justice. It examines the constitutional framework, the adversarial system, and the doctrine of precedent, highlighting both strengths and weaknesses. The report emphasizes the importance of legal assistance and the challenges posed by high costs and barriers to accessing justice, particularly for vulnerable populations. The document references the legal system's inefficiencies and the need for improvements, including increased access to alternative dispute resolution (ADR) and reforms to reduce legal costs. The report concludes with a call for a more equitable and accessible legal system to ensure justice for all Australians.

THE AUSTRALIAN LEGAL SYSTEM PROVIDES BOTH
EFFECTIVE AND EFFICIENT JUSTICE TO ALL
AUSTRALIANS

TITLE: The Australian legal system provides both effective and efficient justice to all
Australians
The Constitution of Australia is the legal basis that segregates the powers for the federal
system of government. The framework mainly deals with combination elements of both United
States and the Westminster governmental forms. This nation follows an adversarial system
which follows the two sided structure including the defence and prosecution to resolve the legal
issues and disputes. It is useful in safeguarding the individuals' rights from any malicious activity
or potential abuses. However, this also shed light on the delays and cost inefficiency with
possibility 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 decisions
and are refereed under binding or persuasive (Strang & Braithwaite, 2017). It is the constraint for
judicial decision making and let the judges to biased decisions in terms of similar cases. This
showed the inefficiency which is prevalent in the Australian legal framework and has hampering
impact on the prevention of human rights of the Australians. In regard to same, there is no Bill
of Rights to be founded in a single document and sometimes it leads to inconsistencies at both
state and federal laws. This lack of human rights for the Australians is clear violation of legal
protections which is important and considered as the bedrock of a free society. Thus, it might be
debatable 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 during
2014 the reason behind this is ineffective legal assistance. It was added that the legal system of
Australia is very much expensive, difficult and slow and thus this is not providing justice to all
citizen of country. The reason behind this problem was their bad experience, social circumstance
and medical parlance as well. It was also found out that people with special need, single parents
and from Aboriginal and Torres Strait Island is facing more difficulties in handling legal
problems (‘Slow, expensive, complicated’ legal system must be improved, 2019). All among
these people are not able to access their legal assistance due to heavy or expensive legal
formalities and increasing barriers to access justice. The cost issue which is related to reducing
cost for public and government is very vital or important among them. About $700 million is
been spend on legal advice and representation by its government which is largest among other
nations (‘Slow, expensive, complicated’ legal system must be improved, 2019).

While there was given recommendation that government must be increasing access to
ADR so that justice could be given to all people without incurring huge cost and dispute as well.
This will also help in reducing regulation of lawyer, increasing competition and improving
access to ombudsmen as well. With this all citizen of Australia could be having easy access to
effective and efficient legal and judicial system.

REFERENCES
Strang, H., & Braithwaite, J. (2017). Restorative justice: Philosophy to practice. Routledge.
‘Slow, expensive, complicated’ legal system must be improved. 2019. [Online]. Accessed
through: <http://theconversation.com/slow-expensive-complicated-legal-system-must-be-
improved-25382>.