India Case Study Report

The adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

The Australian Legal System response to the Mabo case has changed greatly ever since the first time it was introduced. Many different acts were introduced and/or amended as a result of this case. The effectiveness of the law and the law reform in protecting the rights of individual and society at large is demonstrated throughout this essay.

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

Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you.

The rest of the Professor’s argument is then focussed on rebutting the third criticism, which presents the idea that Australian democracy and the judiciary system will be undermined by granting the judiciary power in place of an elected parliament. Charlesworth systematically breaks down this criticism by examining the “legislative human rights record”, the “distortion of the judicial role” the claim presents and by finally examining “eliding constitutional and statutory bills of rights”.

The formation of these courts proved to be extremely influential to the colony of New South Wales and the development of Australian law as judicial decisions from cases such as Kable v Captain Sinclair (1788) proved crucial for the maturing of the Australian legal system through the legislative establishment of the British law concept of the rule of law. As well as this the institution of the court system also created Australia’s own doctrine of precedence.

What intrigued me most here was the emphasis placed on “The Rule of Law” and after further attending more sessions, I began to grasp the concept more securely. I then further took part in a mitigation plea workshop at the Inner Temple to learn more about the principle of “The Rule of Law” as well as developing my ability to read between the lines and interpret facts to favour my side of the argument after taking part in many Australasian styles of debates. After making an effort to attend a Q&A session hosted at the Bar, I gained greater insight into what it takes to enter the profession but has also led me to develop a greater level of independence in proactively pursuing a career as a barrister as well as identifying the more challenging aspects of the career. I hope to further develop as a more rounded person during my gap year whilst being on my voluntary conscription in the Finnish military; aiming to enhance my management and communicational

‘In India, there is a lot of corruption and uncertainty of life,’ says Harshil. ‘The government systems in Australia are far much better in terms of corruption and discrimination. Here, I don’t have to pay everyone under the table for a stamp saying I’m not a camel’.

The task here is to compare the Australian Legal System with the legal system of the country of origin therefore the comparison is with the Pakistani Legal System. The structure of the Common Wealth Government, Australia briefed in the constitution is divided into three branches, the legislature (Senate “upper house” and House of Representatives “lower house”), executive (the administrative arm of Government) and judiciary (the legal arm of the Government). While in Pakistan the Parliament and Federal Government also consists of Senate the upper house and National assembly the lower house.

In the last two weeks of my internship due to my supervisors involvement in the upcoming court elections I was taught to research for the cases in SCC and ADJ. I read various cases dealing with issues such as ‘Operation Smile’, ‘Protection Of Women from Domestic Violence Act, 2005’, ‘Juvenile Justice (Care and Protection of Children) Act,2000’, about Dowry Death, learnt the difference between Informant and Claimant and between Visitation Rights and Visitation Order and also about Dying in Harness Scheme.

In 2011, aged 17, I had the opportunity to visit the Bombay High Court’s 150-year anniversary celebrations. The Court’s legal history museum and open live court sessions provided me with my first direct interaction with the legal system in action. This exposure helped me understand the universal importance and impact of the law to any society. The ability of the law, lawyers and judges to always evolve, analyze and execute laws accurately and precisely, appealed to my impressionable mind. After this experience, there was little doubt in my career choice: I wanted to be a practicing legal professional.

International treaties are a treaty that is made between at least two countries. When a treaty is signed it doesn’t have to be instantly initiated as law but is expected to be due to the signing of the treaty. The treaty process starts by the Cabinet deciding to enter into a treaty. The minister and department officers negotiate with other parties to the treaty, next the government will sign the treaty with at least one other nation otherwise the treaty will be voided. When the treaty is signed the minister for Foreign Affairs tables an intention to take treaty action per the 1996 reforms in parliament. The JSCOT (Joint Standing Committee on Treaties) conducts an inquiry and submits the

England: 1. Christie v. Leachinsky [1947] 1 All ER 567. India: 1. 2. 3. 4. 5. 6. Ajit Kumar v. State of Assam 1976 CriLJ 1303. Ashok v. State 1987 CriLJ 1750. Bir Bhadra Pratap v. D. M. Azamgarh AIR 1959 All 384. Citizens for Democracy v. State of Assam (1995) 3 SCC 743. D. K. Basu v. State of West Bengal AIR 1997 SC

“In our latest annual update to our Growth Environment Scores (GES), India scores below the other three BRIC nations, and is currently ranked 110 out of a set of 181 countries assigned GES scores. If India were able to undertake the necessary reforms, it could raise its growth potential by as much as 2.8% per annum, placing it in a very strong position to deliver the impressive growth we outlined,” it says.

In the world next to Africa, India has the largest concentration of tribal population. According to 2011