Check and balances

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Allie_

Member
7 April 2020
3
0
1
In your own opinion, what do you all think about the check and balances in our Australian legal system and how this ensures justice
 

JazKaz

Well-Known Member
11 April 2020
38
1
124
Well, justice is a very broad term in perspective of society. Some would say it means proving right or wrong and is rather subjective.

I would say justice is the creation of an outcome that has been assessed by the court to represent the truth or more accurately to satisfy the requirements for parties to have their disputes settled under rule of law. Parties being state against another party in a criminal sense and party against party in a civil law sense.

I think that whilst the principles of the system in theory should provide ‘just’ outcomes. In reality this may not be the case that often. Often parties are left feeling at a loss or like they did not receive the appropriate outcome for their supposed ‘truths’. It is seen as a failure of the courts as they are limited by interpretation and preceding principles due to the often conservative nature of justices.

The Legislature in this instance can be pressured by committees to act on behalf of these persons to alter laws or to implement new statutes to give direction to the courts, however, this power is limited as well. It is limited by time resources and politics.
Overall, I like this system but I’d say it requires reform. To which I say what system doesn’t need to evolve? Or to be reformed at some point in its lifetime?