Civics and Citizenship

Law and citizens

The principles of the Australian justice system

The underlying principles of the Australian justice system are that all people are treated equally and fairly before the law and that no person is above the law. There are several ways in which these principles are protected and enacted; for example, all people have the right to a fair trial and the right to appeal a decision made by the court. Another way in which the principles of the equality and fairness are represented is through the legal term habeas corpus. Habeas corpus means that anyone who has been arrested must go before a judge or a court. This ensures that no person can be held as a prisoner without a fair trial or held in jail indefinitely. This concept ensures that unlawful imprisonment does not take place.

The Australian court system

The Australian court system is designed on a hierarchy based on the types of crimes the court makes judgement on. There are federal and state courts within Australia, each with specific jurisdiction. State courts make judgements the laws of the particular state (although sometimes they do make judgement on federal laws as well). Federal courts make judgement over Commonwealth law, which are laws that are made by the federal government. The highest court in Australia is the High Court of Australia, which can overturn decisions made any court, even the highest court in the state (in Victoria, the highest court is Supreme Court of Victoria). The High Court is located in Canberra. There are also separate courts that make judgement on specific areas of law. For example, the Family Court presides over laws surrounding marriage, divorce and child custody. The Children’s Court of Victoria makes judgement on criminal action of people under the age of 17.

Source 16.1.2 Court jurisdiction in Victoria

Role of the courts

The role of the court is to fairly, and without any prejudice, interpret and apply the law. In the case of criminal law it is the role of the court to apply an appropriate punishment for the crime committed. In the case of civil law it is the role of the court to resolve a dispute between two parties and allocate an appropriate financial compensation. The courts also play a role in developing and creating laws. When a judge makes a ruling on a particular law, it establishes a precedent. That means when that law is referred to again, the precedent established by the former judgement will affect the interpretation of the law. This is called common law or ‘judge-made law’. For example, it has become common law for a judge to dismiss a case if the defendant does not have adequate representation or if the judge views the case as unfair in some way.