Characteristics Of the Australian Legal System
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Australian law is one of the most popular and demanding subjects among Australian students. The option for the subject allows students to make a career in legal, judicial, political, bureaucratic, and other demanding fields.
A degree in the Australian legal system gives students a sense of pride and responsibility that they have to balance on their shoulders and give their best contribution to the welfare of the country.
Key Snippets
- What is the Australian legal system?
- How was it created?
- The six principles of the Australian constitution
- Role of the High Court in the Legal System
Introduction to Australian Legal System
The Australian legal system was created to ensure the welfare of its citizens. The work of a legal system is to make laws that benefit their citizens and the country itself, to ensure that the law is being implemented properly, and to change or improvise the previous laws to become their better version.
These features of Australian law are a little part of the interesting and insightful subject which in reality has an expanded form. The subjects are divided into different parts like criminal law, civil law, administrative law, etc.
The students of the Australian legal system get many assignments throughout their semesters to research and write on different topics to get an in-depth knowledge of the subject. However, it is hard for students to write numerous pages for the assignment after attending all the classes and here they need Australian Law Assignment Help.
How Was the Australian Legal System Created?
The Australian Legal System has its roots in British law as Australia was one of the many colonies of Britain and when the British government took over them all over the world, the British parliament applied its law in all their colonies.
Australia was divided into six different colonies. The applied law of the British parliament’s work was to look over the behavior of people, different organizations, and the government itself for the good. But it was more focused on manipulating laws to benefit themselves.
In the 20th century, the movement to establish a central government started among the six states. It led to the creation of the Constitution of Australia. The Australian constitution took effect on 1st January 1901. The six different states named Queensland, Victoria, South Australia, Western Australia, Tasmania, and New South Wales came together and formed one country which is also a continent, Australia.
Characteristics of the Australian Legal System
The legal Systems of every country are made on some fundamental characteristics. Some characteristics of laws are different in each country, while some can be found similar in many countries.
As the Australian constitution has its origin in the British legal system and, Britain colonized most of the countries in the world, many similarities can be found in the constitution of countries like Canada, New Zealand, India, Malaysia, and the United States.
There are six principles that the constitution of Australia follows. These principles explain how the Australian Constitution works, what are the responsibilities of Australian citizens, how state and federal governments work, and what its parliamentary democracies define.
Democracy
Australia has a parliamentary representative democracy, which means the Australian citizens have the power to choose the people who will represent citizens’ views in the parliament. They have freedom of political election and communication.
- Section 7 and 24 in the Australian constitution gives the citizens the right to vote for their representative
- Unlike many democracies, Australian law has made voting compulsory for people who are 18 or above
- Citizens of Australia choose their members of parliament in Federal and State government elections
- They also must vote in Local Government Council Elections
Federalism
Australia has three government levels- Federal, State and Territory, and Local. Federalism divides political powers among these levels. It not only strengthens the parliamentary representative democracy but also helps in local decision-making, and it protects liberty.
- The Federal government can use constitutional power only to make laws
- Treaties on the industrial revolution, racial discrimination, and the environment come under the law giving power to the federal parliament
- The Federal government can’t destroy or force its policies on the state government’s policies and laws
Separation of Power
The purpose of separating powers was to protect citizens from the abuse of power. Political power in the Australian legal system is separated between the Legislature (also known as Parliament), Executive Government, and the Judiciary.
- All the debates and law-making come under the Parliament or Legislature
- Once the law is passed in the legislature, the executive implements it
- Judiciary’s responsibility is to check that the law is being implemented and followed properly
Rule of Law
The rule of law means the law is for everyone and no one can abuse the power advantaging their status. The idea behind it is that whether it’s governments, individuals and organizations, or corporations, everyone comes under the rule.
- No one can be punished or harmed for doing something unless it is against the law
- In case, everyone has the right to get a fair trial in the court
The law is also applied to the judges and leaders of the country
Nationhood
The government, the people, and the geographical boundaries define the word Nation. Nationhood is a feeling and belief of belonging to that particular geography and people.
- After the constitutional effect in 1901, the nationhood evolved with time among Australians
- The implementation of the Statute of Westminster and the Australian Act emboldens nationhood among the citizens
- This united the people and made Australia, one commonwealth nation
Rights
Several rights including freedom of religion, right to vote and political communication, acquisition of property, discrimination among states, right to trial by jury, and free trade among states, comes under the responsibility of the constitution.
- Interestingly, very few rights are written in the constitution
- If a citizen is directly affected by the law, s/he can ask the court to decide whether it is in the constitution
- The court is free from the executive and legislative power, and the final decision of law comes under it
Case Study
The most famous case in Australia that set a landmark and marked its name in history is Mabo vs Queensland fought by Eddie Mabo against the state of Queensland. In this case, the pre-colonial land interests of the indigenous Australians were recognized for the first time in Australian history by the High Court.
This case is popularly known as the Mabo case or Mabo. This decision broke the notion made at the time of British settlement that Australia was terra nullius, which means that the land was owned by no one. The indigenous Australian finally after struggling for years got their rights, respect, and long-lost traditional values back.
Furthermore, the then Prime Minister Kevin Rudd apologized to the aboriginals for their sufferings. This decision was, however, criticized by Western Australia and the mining pastoralist groups.
Epilogue
The history of the Australian constitution and such numerous cases are so deep and interesting, they attract law students. But, like any other country, the background story of the constitution-making is not so simple. It is so intricate that a law student sometimes loses focus or interest in certain topics.
To write an assignment on the Australian legal system, and to understand the detailing of how it was all created, takes too much to remember. Online assignments help on this subject help students by making it less intricate, all the research and discussion with experts make it easy to understand as well as remember the important dates and personas.
The different facets of the Australian legal system and their implications are important for students who are thinking about making their career in the related fields of law, judiciary, etc. Also, to be a responsible citizen, one needs to know how the land became a nation, what was its struggle to become what it is now, and what rights and responsibilities they have.
Australian law experts will help you in knowing the famous and also, hidden aspects of Australian legal history and their contribution to the constitution-making and implementation. If you are reading this, means you are here to find someone for your assignment help. Our experts will help you with all your problems in assignment writing. So, what are you waiting for? Chat now!
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