The Australian Legal Systems

The Australian Legal SystemsThe Australian well-grounded system is based on a fundamental belief in the rule of justice, justice and the independence of the judiciary. All people of Australia and non-Australians be case-hardened equally before the law of nature and safeguards exist to ensure that people atomic number 18 not treated arbitrarily or unfairly by establishments or officials. Principles such(prenominal) as procedural fairness, judicial precedent and the separation of mights be fundamental to Australias legal system.The common law system, as developed in the United ground, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that lean in Europe, South America and Japan, which atomic number 18 derived from Roman law. Other countries that utilisation variations of the common law system be the United States, Canada, New Zealand, Malaysia and India.The read/write head feature of the common law system is that judges decisions in unfinished cases argon informed by the decisions of previously settled cases.Consitution of AustraliaThe United Kingdom passed the Commonwealth of Australian authorship Act 1900. The signififannyt of the Act was that it created a national official Commonwealth compraising the Commonwealth of Australia and the affirms. It as well as incorporated the constitution which came in to effect on January 1901. The Australian Constitution of 1901 established a federal system of presidential term, under which world-beaters be distri besidesed between the federal government and the states Itdefined sole(prenominal) powers (investing the federal government with the scoop shovel power to necessitate laws on matters such as trade and commerce, taxation, defence, external affairs, and immigration and citizenship) and propertyciding powers (where both tiers of government are able to enact laws). Thestates and territories have independent legislative power in all matters not specifically a ssigned to the federal government. Where on that point is any inconsistency between federal and state or rule laws, federal laws prevail. Federal laws apply to the whole of Australia.Seperation of powersGoverning Australia needs gobs of power. The Constitution says that this power is divided between three collections of people so they can balance each other(a). Each classify checks the power of the other two. This division of power stops one person or group of people taking over all the power to govern Australia.legislative power means the power to make laws and is concentrated in the parliament. executive director power means the power to implement laws and is given to the government. Judicial power gives the High Court power to decide whether laws are legal fit to the Constitution.Division of PowersThe law making powers which are not stated in the constitution as belonging to the commonwealth remains with the state .The powers are divided between the State fan tan and the Commonwealth parliament.There are rough areas where both the commonwealth and the states have power to make laws these are concurrent powers,for example ,the taxation power. The state can however be excluded from these areas if their law are in consistant with those of the commonwealth. Some powers are stated to be exclusive to common wealth. These includes defence powers , the power to impose exercise and customs dudies , the currency, coin age and legal tender power and making of law for the government of a territory.The commonwealth is irestricted on areas for which it can make laws, the state can make laws on the commonwealth areas as long as they are with in the juristiction of the state,where a commonwealth has not been specifically given a power to legislate, then those remaining powers are exclusive to the states , for instance ride law , Criminal law and contract law. Most business law are made as state lawsThe Commonwealth ParliamentThe Parliament is at the very heart o f the Australian national government. The Parliament consists of the puff ,represented by the Governor General and two homes (the Senate and the House of Representatives). These three elements make Australia a constitutional monarchy and parliamentary democracy.There are five heavy functions of parliamentto deliver for the formation of a governmentto legislateto provide the funds needed for governmentto provide a forum for public representation andto scrutinise the actions of government.The Governor-GeneralThe Governor-General is appointed by the Queen on the advice of the florescence Minister. The Governor-General performs a large number of functions which are defined by the Constitution, but fall roughly into three categories constitutional and statutory duties, formal formal duties, and non-ceremonial social duties. On virtually all matters, however, the Governor-General acts on the advice of the Ministry.The SenateThe Senate has 76 Senators 12 are elected for each of the 6 states, and 2 each for the Australian Capital land and the Northern Territory. State Senators are elected for 6 year terms, territory Senators for 3 year terms.Historically, the Senate has been regarded as a States House the States enjoy equal representation in the Senate, regardless of their population, and State matters are still important to Senators.The modern Senate is a very powerful Chamber. Bills cannot receive law unless they are agreed to in the same terms by each House, except in the rare circumstances of a doubling dissolution followed by a joint sitting of both the housesThe Senate has a highly developed committee system and Senators spend much of their m on committee work.The House of RepresentativesThe House of Representatives has 150 Members each representing a separate electoral division. Members are elected for terms of up to 3 years.The most distinctive feature of the House is that the companionship or group with majority support in the House forms the Go vernment. The accountability of the Government is illustrated any sitting day, especially during Question Time.Members have many other functions. They are involved in law making, committee work and in representing their electors. decision maker GovernmentThe Prime Minister is appointed by the Governor-General, who by approach pattern under the Constitution, must appoint the parliamentary leader of the party, or nuclear fusion reaction of parties, which has a majority of seats in the House of Representatives. This majority party becomes the government and provides the ministers, all of whom must be members of Parliament.The Federal Executive Council, referred to in the Constitution, comprises all ministers, with the Governor-General presiding. Its principal functions are to receive ministerial advice and approve the subscribe of formal documents such as proclamations, regulations, ordinances and statutory appointments.Federal JudicatureThe Constitution provides for the establishm ent of the High Court of Australia and such other courts as Parliament may create. The judges of the High Court are appointed by the Governor-General in Council (acting on advice of the Federal Executive Council).The functions of the High Court are to interpret and apply the law of Australia to decide cases of special federal signification including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courtsState and territory courts.Australian state and territory courts have jurisdiction in all matters brought under state or territory laws. They also handle some matters arising under federal laws, where jurisdiction has been conferred by the federal parliament. State and territory courts deal with most criminal matters, whether arising under federal, state or territory law.Each state and territory court system operates independently.