Australian Legal System: Key Insights & Analysis

Topics to be Covered in Law Assignment

Law assignments are tricky because they need factual data and laws to cover the claim. If we fail to do so then the whole quality of the assignment will be lacking. Listed below are all the topics and explanations that will help you understand law assignments better and get your dream score. All these topics are specially picked and briefed by our expert Australian legal writers who know the in and out of Australian laws and policies.

The Australian Constitution and Its Impact on the Legal System

The Australian constitution is the foundation of the Commonwealth of Australia. Enacted in 1901, it has been impacting and making significant changes to the Australian legal system. Not only has it distributed the power between central and state government making it a system of federalism but also gave various laws and policies that worked in favour and success of Australia. Here are a few ways in which the Australian constitution has impacted the legal system:-

Division of power and making Australia a federal system. ‘
Protection of individual rights like Section 80 and Section 92 of the constitution.
The High court of Australia has the highest power and has the right to rule down decisions that are not consistent with the constitution.
Changing a constitution is a lengthy process because it works on the process of referendum, which requires a majority vote from both houses of parliament and the Australian people.

This way the Australian Constitution creates a huge impact on the legal system making it one of the most complex legal systems in the world.

The Structure of the Australian Legal System, Including the Separation of Powers

The structure of the Australian legal system is similar to other Commonwealth countries, where the power is separated and divided into three branches:

The Executive
The Legislative
The Judicial

This separation of power is necessary and made keeping in mind that no branch can abuse its power or no one branch should dominate the government. Also, the Australian legal system is based on the Westminster system which is the same as other commonwealth countries.

The Role of the High Court of Australia in Interpreting the Constitution and Laws

The high court of Australia is the highest in Australia responsible for interpreting and applying laws. There are a lot of roles that the High Court of Australia has to play to keep the legal system running smoothly.

The High Court has every right to dismiss any law if it is not in alignment with the constitution. Their main role is to interpret the law and make sure that it is under the framework of the legal system.
Even if a federal law is not consistent with the constitution, the High Court is responsible for ensuring that the same is struck down.
If a dispute happens between lower courts and government levels in Australia or between individuals and the government then it will be resolved by the High Court. In certain cases, individual-to-individual cases are also taken up by the High Court to resolve disputes. What it basically means, is that the High Court has both original and appellate jurisdiction.
The role to shape the legal landscape of the country and develop any law is the role of the High Court. With the interpretation of other courts and existing laws, high courts can formulate and delete the laws keeping in mind the legal system of Australia.

Indigenous Rights and the Legal System in Australia

Indigenous rights are always a cause of concern for the Australian legal system because of historical mistreatment and such issues. The Australian constitution has provided recognition to the rights of the indigenous people in The Native Title Act 1993. Also, the Australian government formally apologised to the Stolen Generations and also established the National Sorry Day committee to give the proper rights to the families who were removed forcibly. This clearly shows that Australian rights are well focused on the indigenous and local people's rights as well.

Criminal Law and Procedure in Australia

The Criminal law procedure in Australia is also governed by both federal laws and state laws. In this way, the accused gets all his rights to make his claims and also get out if framed wrongly. Sentencing is also done based on the severity of the offence and also cases like Juvenile Justice are handled by the courts. The accused person or the culprit has the right to appeal a conviction or sentence. The court proceedings, and investigation are all done in a formal way keeping all the laws in mind and ensuring that principles of natural justice are upheld.

Civil Law and Procedure in Australia

Civil laws in Australia are concerned with cases that do not involve a criminal offence. Civil law covers a lot of issues like contract disputes, property disputes, family law matters, consumer disputes and much more. Civil procedures and proceedings are also heard in courts depending on the value of the claim.

International Law and Australia's Role in the International Legal System

International laws refer to the principles that govern relationships between nations and nationwide issues. Australia plays a very active role in making and enforcing international laws. From covering international treaties and conventions to the issue related to the treatment of refugees all the laws are actively viewed by Australia. This reflects global cooperation and ensures that Australia promotes peace with other nations.

The Role of Legal Professionals, Such as Lawyers and Judges, in the Australian Legal System

Legal professionals including lawyers and judges play a very crucial role in the Australian legal system. Lawyers represent all the legal matters of the clients. Judges also are responsible for making impartial decisions based on evidence and providing justice. Legal academics and legal regulators are also responsible for teaching and researching the law and providing expert testimony in court proceedings. On the other hand, legal regulators have to make sure that disciplinary action is taken wherever necessary.

Exploring Alternative Dispute Resolution Methods in Australia

The ADR method, also known as alternate dispute resolution, is an alternative to traditional court proceedings. They are more flexible and cost-effective methods of resolving disputes. If someone wants to avoid the long court proceeding, then ADR is the way. Mediation, arbitration, conciliation and negotiation are the few ADR methods that can help in a satisfactory resolution

The History of the Australian Legal System and Its Development Over Time

The Australian legal system was earlier rooted in the British legal system and was introduced when the British colonised Australia. After that, Australia emerged as its federal law and developed its distinct features over time. They adopted their constitution in 1901 and the high court was established in 1903. It keeps changing with the progression of the world and continues to evolve in response to changing social factors and political conditions.

Constitutional law and human rights in Australia

The Australian constitution is very protective of its human rights and all the treaties related to the same have been incorporated into domestic law through legislation. Moreover being a federal system it is seen that all the rights are properly incorporated in all the layers of the government. Freedom of speech, property rights and rights to protect individual rights are all taken care of very properly by the Australian government.

The Legal System and Its Response to Sexual Assault in Australia

Australia has been suffering a lot of backlash for its response to sexual assault cases. There has been criticism that the legal system is failing to navigate the criminals and response rate to the allegations of sexual assault. Funding has been increased for sexual assault victims, and changes have been made to the criminal justice system. Public awareness is also being raised for the same, but despite all these, there are a lot of improvements to be done in this particular by the Australian government.

Australian Corporate Law and Regulation

The Corporation Act 2001 is the main act that focuses on Australian corporate law and legislation.The enforcement of corporate laws and regulations is primarily carried out by the Australian Securities and Investments Commission (ASIC), the country's key regulatory authority. Be it related to the company’s registration, director’s duties, trading and market regulations, financial auditing and reporting everything is looked over by ASIC.

These topics will help you get all the important points that you should include in the assignment which will make your assignment quality enriched and help you achieve your dream score.

Wrap Up

Keeping all the points in mind and writing law assignments can be a tedious task but if familiar with the overview then it becomes quite simple to complete an Australian legal law assignment without any hassle. If you are looking for law assignment help then this overview of the topics will help you create a flow within the assignments of Australian law. Getting a dream score in the legal assignment is no longer a dream. Start your assignment now and ace it!

Frequently Asked Questions

Q1:- Is it important to include laws and policies in between the assignments?

While working on a law assignment, it is crucial to provide evidence and examples so that the statement you make is backed up and that you are not writing fluff content. Moreover, proving laws and policies gives an authentic angle to the assignment and gets you a step closer to getting perfect scores.

Q2:- Can I get assignment help for my law assignment?

Yes, getting a law assignment is not difficult anymore. At greatassignmenthelper.com our law assignment experts are ready to take your law assignment and provide a quality result to you within your specified deadline. Within an affordable price range, it becomes very easy to hire our experts and get assignment help.

Q3:-If I take assignment help related to the law from you will it be 100% authentic?

Without a doubt yes. Our PhD experts are sitting with years of experience in the legal system of Australia and with their vast research and knowledge, we promise to provide you authentic results which are plagiarism free and 100% original content.

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