Basic Functions of Law: Australia

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

'[t]he courts no longer approach a statute with scissors in one hand and a dictionary in the other'.

Case 2 is an appeal against the sentence imposed by Judge C. F. Wall on appellant

6.What is the level of court, the case is being heard in? 2 marks (1 mark each article)

Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters.

would be the result of not having laws? The world without law would be complete chaos. The majority of the people would say that we need laws. In order to keep everyone and everything safe, laws need to be set in place.

The New South Wales (NSW) criminal justice system has been separated into “two tiers of justice”. The two tiers of justice involve the separation of lower and higher courts, where the lower courts are comprised of Local courts and the higher courts are comprised of District and Supreme courts. The local courts role lies mainly in exercising summary jurisdiction whereas more serious indictable offences are dealt with in higher courts. However, there is more than just a jurisdictional divide and there are other aspects that significantly distinguish the lower courts from the higher courts.

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

jurisdiction. These courts are the ones in charge of overseeing Class C demeanors. These cases

2. The Docket(s) for each person (Court Case # - If Appealed – Appellate Court Case #

In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this promotes peace and equality internationally.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

Is our NSW court system effective? It is if you have money. Is it something that we can just adhere to with out ever allowing it to adapt and evolve to meet societies needs? Absolutely not. Just like humanity, the NSW court system contains protruding faults that are made apparent with further scrutiny. The court system is something that requires our constant attention and support to improve and advance. In order for the court system to attain eligibility it relies heavily on 4 fundamental components; affordability, simplicity, fairness and accessibility. For countless Australians our legal system is lacking on all these fronts.

The term "Court Hierarchy" is a very important word in the law world in modern society. It's definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word "court" is from a Greek derivative "cohors" or "cohort" meaning courtyard or retinue. It's definition from the dictionary certainly portrays the law as a very important and distinguished practice. "a. A person or body of persons whose task is to hear and submit a decision on cases at law." "b. The building, hall, or room in which such cases are heard and determined." The word, "hierarchy", however, has a more powerful and specific relation to the law world. It is a Greek derived word and

Australia’s government design was taken from the British Westminster system after those who originally colonized Australia. A functional, western style democracy, there are a number of minor political parties operating in Australia but the country’s federal politics is an essential 2-party system at present, much like the United States (Our Country, 2015).