The Role of Law: Does it Serve the Powerful or Protect the Weak? - Law

This essay delves into the intricate relationship between law, power, and the control exerted over the weaker segments of society. It begins by outlining the fundamentals of the Australian legal system, including its common law basis and the roles of various courts, such as the High Court, Federal Court, and Family Court. The essay then examines how law interacts with society, emphasizing its role in maintaining order, addressing crime, and ensuring justice. It explores concepts like legal aid and ethical conduct within the court system. The conclusion reinforces the importance of law in societal progress and provides a framework for understanding the complexities of the legal landscape in Australia. The essay also includes references to scholarly articles and legal resources to support its arguments and provide a comprehensive overview of the topic. This essay is available on Desklib, a platform offering resources for students.

IS LAW ATOOLOF THE
POWERFUL TO CONTROL
THE WEAK

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Law a tool of the powerful to control the weak...........................................................................3
CONCLUSION................................................................................................................................5
REFRENCE.....................................................................................................................................6

INTRODUCTION
Law is one of the most important element in a society as it helps in maintaining of peace
and order within society. These are those rules and regulation which covers various aspects of
society and is also helpful in maintaining of balance over criminal activities in a country. Nature
is very dynamic of laws as they cover wider aspects that influence people living in a society.
Laws in Australia also deal with various negative elements that are occurring within the country.
This essay is based upon a law and its impact over society. A question is required to be answered
that is law a tool of the powerful to control the weak.
MAIN BODY
Law a tool of the powerful to control the weak
Basics of Australian law
Australia’s legal system is also known as ‘Common law system’ that is based upon the
model that has been inherited from those countries whose development has been influenced
through British Colonialism and U.S. In this majorly the commonwealth countries are considered
to be following such law system. As per the legal system of Australia all people whether
domestic or international has to be treated equally under the eyes of law. This is going to
safeguard and ensures fair judgment. Also bounds government officials to perform duty properly
and serve justice without any biasness. Courts of Australia work over an ‘adversarial system’
which is present in the English legal system. In the two parties are there which are presenting
case against each other and judge or magistrate is there to pass judgment over the case.
Witnesses are not being handled through judge in direct manner. The judge has to listen over
each side and also cross-examination over the facts has to be done in front of judge (Jose, 2016).
Constitution of Australia
United Kingdome has passed the Commonwealth of Australian Constitution Act 1900.
This constitution deals with the established system of an federal manner of government and
powers has been distributed as per the federal system of the government and the sates has also
identified upon matter like trade and commerce, taxation, defense etc. Exclusive power has been
given over various important matters to state also. The state and territories has been acting as an
independent legislative power within all matters that has not been specifically been assigned to
the federal government. This has made the laws made by central to be followed by state as per
conditions within it.

Legal system of Australia
Superior and inferior courts
The high court in Australia has been describe as the concept of a superior court which
means an association that has been derived from the position of pre-judicature common law
court. They are not having ready application in Australia over federal courts. Despite of this
Australian courts has been frequently been divided into superior and inferior courts. Both Federal
and Supreme Court have to be considered courts of superior nature. Proper definition of superior
court has not been given under constitution of Australia. Various superior courts are being
inspired to by the legal system of England Wales. In Australia superior courts have been given
certain powers like unlimited jurisdiction in law and equality there is no subject of jurisdiction
limits as these remedies may be grant. Appeal is also determined as the least part of its
jurisdiction. It has been composed over the judges and individual’s decisions have not been
subject to judicial review or appeal to a judge. Separate title and style is there for the judges.
Regularly publish its decision in written form. Also inferior courts have been working beneath
the superior court and have been generally included. These courts are being characterized as
jurisdiction has to be conferred by statute and is limited over subject matter of a quantum of
relief and amenability to judicial review by an single judge. Then superior court where a right to
appeal is not available (DeVries, Holzer and Primeau, 2017).
The high Court is considered to be a highest court of appeal in Australia. This has been
created under section 71 of the constitution. This has appellate jurisdiction all over the courts.
Also there is power to constitutional review. The high court of Australia in the superior court for
all federal courts and the final rout of appeal is Supreme Court. All appeals to the High court are
being heard by special leave only that has been granted. That is why for most of the cases the
appeal division has been made in Supreme Court. Federal court hears the matter that has been
related to corporations trade practices, industrial relation, bankruptcy, customs, immigration and
other federal law. The court has original jurisdiction in these areas, and also has the power to
hear appeals from a number of tribunals and other bodies (and, in cases not involving family law,
from the Federal Circuit Court of Australia. The court is a superior court of limited jurisdiction,
but below the High Court of Australia in the hierarchy of federal courts, and was created by the
Federal Court of Australia Act in 1976. The Family Court is an law that is specialized over
matters related to family, marriage property, child support and other family-related laws. The
principal of these courts majorly focuses upon formation. Appeals from the court are heard by
the “Full Court” of the family court. Also appeals to the high court can be made only under
special circumstance. An single judge can hear the case that has been transferred from Federal
court to the family court only if the nature of the case is related to any issue related to family.
Law and society

Law has been always impacting various aspects of society with its affect over it. People living in
society have been trusting law since very beginning. Law is a main element required to maintain
balance within the society. It is there to deal with problems like crime that has been accruing
within society and also gives power to punish them. In order to maintain proper implementation
of it within an country legal system has been formed which regulates proper procedure regarding
generation of justice within society. Also government has an important role to play in its
formation. In a country like Australia laws have proven to be an major aspect which has always
contributed within the progress of the country at global levels People living in the country feels
safe because of the control in the crime rate after the introduction of criminal laws. Then also
various laws have been formed to put an control over other kind of illegal activities within the
country. As there is ethical of conduct present within the court the judges are bound to be fair in
their judgment and has to listen to both parties and examine their facts then only pass the
judgment. Also legal aid cell has been formed which helps the person in getting an lawyer if he
requires in particular case and is not financially stable to get to arrange it. Legal system has been
formed to provide justice with transparency (Calavita, 2016).
CONCLUSION
From the above essay it can be concluded that law is a very important aspects of society
which is helpful in making the progress possible of a country. Further in the essay basics related
to law in Australia and its constitution has been explained this has been told to understand
framework of the law in Australia. Also various court and there functions have been explained I
order to justify working of the courts. In the end law in context of society has been explained.

REFRENCE
Books and journals
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DeVries, T., Holzer, M. and Primeau, F., 2017. Recent increase in oceanic carbon uptake driven
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Wersborg, I.S.G. and Bautze, T., PRECITEC ITM GmbH and Precitec KG, 2016. Method for
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