Information on the Australian Legal Systems
The Australian federation has 9 jurisdictions under it. It might appear to be confusing at the surface. But the more you take interest in it, the better you will be able to understand it. People are often interested in knowing their country’s system. But they do not take the efforts in learning about the justice and legal systems of their country.
What is the Australian legal system?
The major concern of the legal systems in Australia is to protect and promote the human rights. The system achieves this protection and promotion through certain constitutional safeguards like.
The Australian Constitution specifically works to protect certain freedoms and rights of its citizens. However it is also amongst those few countries that are without charter of rights. In simpler words the rights will not be unbreakable in Australia.
Separation of Powers
Every resident of Australia should know that there are strict provisions made by parliament of Australia for separation of powers. The powers are vested within the different levels in legal systems of Australian government. Australian constitution sets out relative powers amongst its 3 arms: the legislature, judiciary and the executive.
Rule of law
Under this section there are rules of law that embodies a simple principle of fair and equal treatment. All the individuals residing in Australia are subject to this common law. State officials are supposed to act within this law laid by the Constitution. Also they are supposed to safeguard and protect individuals by using the powers that have been granted to them. Officials also play instrumental role in protecting individuals from making arbitrary decisions against state or country.
Rule of law not only upholds right to justice but also enforces remedies for injustices through their legal system. This is why Australia has courts at different levels. It has local, criminal and civil court system. This system operates on simple rule of law.
People accused of any kind of criminal office will be tried before their criminal courts. Whereas people with any kind of legal disputes but are non-criminal in nature can seek civil courts for justice. Minor violations of law are dealt by the magistrates or the local courts.
Transparency in Criminal Justice System
There exists number of principles to ensure there is transparency in their criminal justice system. It is to protect the rights of individuals. Hence even the accused person is by default presumed innocent till the time he or she is proved guilty. Each accused person is entitled for a fair trial. Each accused person has access to courts just like the accuser. Also the accused person is entitled for a legal representation. At the same time the law ensures that justice is restored upon the victim.
Accessing to legal help in Australia is every individual’s legal right. You are free to access any court either through your personal lawyer or through any low cost or free services. There is availability of Community Legal Centres or even Legal Aid. In addtion, you could source very reputable lawyers by paying attention the Aussie Lawyers Directories.
The Aussie Lawyer Directory—What you Need, When you Need it.
Use the search Bar at the top of this page to find the BEST Lawyers near you. –– This article was written by the team at Aussie Lawyer Directory. Aussie Lawyer Directory Staff are not qualified legal practitioners. This article is not legal advice, but is provided to assist you with locating appropriate legal assistance from a qualified legal practitioner. If you or your firm would like to write for us please submit a ticket in our support system.
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