Wednesday, December 4, 2019
Australian Legal System
Question: Discuss about theAustralian Legal System. Answer: Plan Introduction: There is a quotation mentioned in the essay which is quoted by Allan Amanyire. This quote reveals that, there are lack of legal rules and democracy in the society which is an issue for all the people in the society. The people of the society may be rich-poor, educated- uneducated, employed-unemployed but everyone faces same problem if the proper legal rules and democracy is not maintained in the society. In this assignment the negative sides of the society is portrayed because in Australia there are lack of constitutional laws followed and because of that the economic stability of people is not maintained (Collins, 2014).There are some plans made to describe the assignment. They are description about equality law, description about Australian legal system, the inequality and scarcity of the society and the solutions which can be applied to solve the problems of the society by legal methods. Essay Body With the help of English common law tradition Australian legal system started progressing. Federal regulations of governments state that every country is democratic and the citizen of the countries have right to choose the government of the country through voting system under Human rights act. Under section 41 of constitution of Australia of Common Wealth the people of the country has legal right to choose president and ministers of the country, who can work for the sake of the county. As per Human Rights of Australia (1949), the people of the country have to live their life in a democratic nation where monopolistic views are not followed. There is certain rights of common man of the country. That freedom does not restrict people to convey their speech; to live a proper life with equality without discrimination; to vote; to get employment and to get all the facilities and enjoy rights of the country. The quotation in the question states that, Australian government is not following the democratic rules and making the country corrupted by indulging lots of discrimination between rich and poor, man and women and etc. For that reason, the rules of Equality act of 2010 are needed to be followed by the government and the citizen of the government. This act should be equal for rich or poor, employed or unemployed and educated or uneducated. Everyone should be same in the eye of the law (Collins, 2014). The common man suffers a lot because they become the victim of inequality. If democracy is not maintained in the society, then the citizen of the country loses their freedom and they are deprived by equality and political facilities (Humphreys, 2010). According to equality act, there should be no discrimination in terms of race, gender, age, sex, caste, creed, religion, class etc. These legal rules are not followed in Australia and that is the reason that people are in problem. They are v ictim of discrimination which is harming them. Even employment is also not available in the country because of lack of regulations. All these loopholes in the system is creating main problem to all the people in the society whether they are rich or poor. As the legal system of the country is improper, so the economic system and the corporation system are also lacking various resources. In this quote this things are tried to be mentioned. Several critics have criticized the legal and political system of Australia. It is said that, if there is lack of democracy in a country then people cannot lead a free life. If it is followed by the business perspectives that people cannot set up their corporate world and business because the rules of the business will not be followed properly in this type of country where proper rules and regulations are not followed. If any methods of business are not followed properly then the corporation system would not follow properly (Gleeson, 2000). So it is complicated to form vital business in a country where there is lack of following the rules and regulations. On the perspective of the quotes mention in the question many authors said several lines such as: John Maynard Keynes said, The market can stay irrational longer than you can stay solvent. Allan Amanyrire said, The rule of law bakes no bread, it is unable to distribute loaves or fishes, and it cannot protect itself against external assault, but it remains the most civilized and least burdensome conception of a state yet to be devised Both the quotations reveal the negative part of the rules of the law and democracy which is affecting the society in adverse way. People are in burden under uneconomic condition. There is lack of employment in the country because of less democracy. Business also cannot be flourished properly because the legal rules of business is not followed which is adversely affecting the merchants or business man in the country. According to Razz (2002) in a book A Basic Themes in Rule of Law Theory, there are some rules made by government, which should be followed by the citizen of the country. There are some general principles. Those principles are certainty, and according to this principle stable, open and clear autonomy should be given to individual in democratic way (Gustafson, 2001). There is another principle that is generality, and according to it control of conduct of several citizen of various classes and in this case the legal rules should be followed where non-particularised and impersonal law is necessary to be implied. The final principle is equality, according to this principle, the law should be subjected equally and it should be followed by all class peoples in the community. According to rule of law the democracy and freedom from interference should be given where human rights are not interfered (Raz, 2007). The liberties of the citizen should be saved and they should be treated with dignit y by giving respect and rights to the citizens by the government of Australia (Ohnesorge, 2007). There is the journal, Rule-book and Rights based Theories of Rule of Law, (2003). There are various rules and regulations described in the journal and particular formulation of rule of law is stated by Lon Fuller. The morality and law is discussed in the contradiction of law. Argument is done by HLA Hart and Joseph Razz that the concept of equality in sexual inequality, racial segregation and religious intolerance is incompatible which does not match which the concept of democracy following the legal rules. The standard of statues of law has failed here. Ronald Dworkin said there are some rights which are based on the rule of law which are demand of the citizens, where rights based theories are followed (Criddle, 2012). There is an integrity model made by Dworkin which is based on right based theory. According to the journal, the The Current Debate: Common Law Constitutionalism, (2009) argument was made on Anglo Australian legal tradition following the doctrine of parliamentary supremacy and Diceys constitutional theory gives vast description about the commercial law of the country which should be followed under legal rules and the theory but Allan argued that those theories are not conceptualised and human rights and democracies are not incorporated in the theories but only the legal rules of business and commerce is mentioned without any link to the federal system of the society. The rule of law is criticized because the main points and motives are clearly not mentioned in the principles (Shaw, 2003). According to Farrell and McAllister (2003), if the democracy is needed to be maintained in the constitution of Australia, then it is very necessary that modern and organized way is needed to be applied in the parliamentary system of the constitution where electronic voting system is needed to be followed and secret ballot system is also needed to be arranged. Democracy is very important in a society because if there is monopoly in a rule for a long time, then the single power will be enhanced and addressed and the loopholes of the other parts of the constitutional system create trouble, barriers and boundary for the ordinary people of the country. The democratic system changed on 2004, when various new parliamentary systems are organized and voting board of supervision started thorough which new rules are organized following the federal system of the common law of Australia. After the development of new applications in parliamentary system, various things are changed (Shaw, 2003). Po sitive changes are noticed; unemployment in the country is less now; poverty is also reduced and as per the quotation mentioned in the question, the tension and the issues of business formation and arrangement of commercial system in the country is also developed where different rules are stated and the needs of the citizens are heard and acts and rules of Australian legal system is motivated through the federal system. Conclusion This essay gives the ideas about the requirement of democracy in modern world because if the country follows the rules and regulations properly and democracy is maintained then the citizens can express their needs and their rights are also protected with the rule of law in Australian legislation system (Barber, 2006). There are various acts which are stated in terms of the quotation mentioned in the question. Various arguments, critical analysis and debates are also settled in the assignment which enriched the essence of the project with legal considerations followed properly. Bibliography: Collins, R. (2014). The Rule of Law and the Quest for Constitutional Substitutes in International Law. Nordic Journal of International Law, 83(2), pp.87-127. Criddle, E. and Fox-Decent, E. (2012). Human Rights, Emergencies, and the Rule of Law. Human Rights Quarterly, 34(1) Gleeson, M. (2000). The rule of law and the constitution. Sydney, NSW: ABC Books. Gustafson, B. (2001). Book Review: Colin James (ed.), Building the Constitution (Wellington: Institute of Policy Studies, Victoria University of Wellington, 2000), pp. 448, $45. Political Science, 53(1) Humphreys, S. (2010). The Equality Act, 2010. Research Ethics, 6(3) Levine, S. (2004). Parliamentary Democracy in New Zealand. Parliamentary Affairs, 57(3), pp.646-665. Barber, N. W. (2006). Sovereignty Re-examined; the Courts, Parliament, and Statutes, Ronald Dworkin, Laws Empire Ohnesorge, J. (2007). The Rule of Law. Annual Review of Law and Social Science, 3(1), pp.99-114. Raz, J. (2007). The Identity of Legal Systems. California Law Review, 59(3), pp.795. Shaw, J. (2003). The Rule of Law And a Bill of Rights. AQ: Australian Quarterly, 75(5), p.10.