Comparing a Aboriginal and Australian Justice Systems

1304 WordsJul 17, 20186 Pages
Interrelationship : Aboriginal & Australian justice system : The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia) Comparison between Aboriginal & Australian justice system : There are certain areas of conflict between the Aboriginal Justice system and the Australian Law. Persons following the aboriginal customary laws if…show more content…
There is a central government and more than twenty five state governments. Under the India Constitution there are three lists, federal list, state list and the concurrent list. Things covered under the first two lists are the exclusive domain of the concerned parties but under the third central government can overrule the state governments on matters of national interest. Judiciary is independent with the power of judicial review. Every state has a high court above subordinate courts presided by the Supreme Court of India. Under the Constitution the functions of Legislature, executive and judiciary have been clearl defined. (Shukla) The doctrine of separation of power is not followed in England, it follows a parliamentary form of government where the parliament is supreme. Instead of crown that is the nominal head, the cabinet calls the shots on most of the matters. (Peterson) Civil & Criminal Law: Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson) Adversarial & Inquisitorial Systems : Under the adversarial system, litigants are represented by their advocates or counsels before a Judge or Jury

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