The Court Hierarchy Of Australia

1305 Words Mar 27th, 2016 6 Pages
Describe the jurisdiction of the varying levels and courts within the court hierarchy of Australia. With reference to contemporary cases and your knowledge of the legal system, comment on the effectiveness of the legal system.
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The legal system in Australia is based on the British legal system, which was brought over when Australia was colonised by England in 1788.
In common with other countries that derive their legal and political system from England – such as Canada, India and New Zealand – Australia has three arms of government; the Legislature (consisting of democratically elected Members of Parliament, which make statute law); the Executive (which implement legislation and administer the affairs of government, consisting of The Queen, Governor-General, the Prime Minister and Deputy Prime Minister and the Federal Executive Council); and the Judiciary, which is responsible for making legally enforceable judgments about the rights and liabilities of people, (the judiciary comprises judges and magistrates operating in the court system).
Courts are essential to the system of law in Australia, as they provide a means of resolution for legal disputes between individuals, corporate entities, or individuals and the government. Courts are where the application and validity of laws are determined. The essence of a court of law is that it is independent to the Executive and Legislature, and has the power to conclusively determine disputes in accordance with the law. As…
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