Search results
Results from the WOW.Com Content Network
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian ...
The Principle of Legality is an important legal doctrine in Australian public law. [1] It is an interpretive presumption by the judiciary that Australia's various parliaments do not intend to curtail or abrogate fundamental rights and freedoms when enacting legislation. Due to this, parliaments are effectively required to enact legislation ...
Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness ...
The High Court exercises both original and appellate jurisdiction.. Sir Owen Dixon said on his swearing in as Chief Justice of Australia in 1952: [8]. The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do ...
Judicial independence is regarded as one of the foundation values of the Australian legal system, [ 1] such that the High Court held in 2004 that a court capable of exercising federal judicial power must be, and must appear to be, an independent and impartial tribunal. [ 2] Former Chief Justice Gerard Brennan described judicial independence as ...
Civil law countries, the most prevalent system in the world, are in shades of blue. Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. [ 2 ][ 3 ][ 4 ] The defining characteristic of common law is that ...
e. Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts (rather than a stand-alone, abstract bill of rights) and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and ...