The nature of Justice in Australia is the most important part of our legal system and provides everyone with fair and equal treatment without discrimination. The nature of Justice is made up of equality, fairness and access. Another key principle in the legal system is the rule of law. The rule of law means that the use of arbitrary power is eliminated. Procedural Fairness and Just Laws are also key principles in the nature of Justice.
Justice requires equality, meaning laws cannot discriminate and have to be applied equally to all people at all times. A sense of universality must be created in order to chive equality and any enforcement made must be equal to all people without discrimination. The rule of law in Australia states that there must be an independent judiciary, meaning everyone will be treated as equal. It also states that ‘governments are bound by a constitution’ making trials equal and fair.
The Eddie Bodied IAC inquiry, which has been circling through the media, shows the equality aspect of the nature of Justice in Australia. The NEWS Independent Commission Against Corruption is currently investigating “corruption on a scale probably unexpended since the days f the Rum Corp.” in the words of counsel Assisting, Geoffrey Watson SC. It is alleged the Bodies and their associates profited almost $100 million from inside knowledge about mining tenders.
If this allegation is found true it is a clear breach of the nature of Justice, the rule of law and equality as Bodied was given an unfair advantage and inside knowledge into opportunities to gain profit. Fairness ensures the law does not have a particularly harsh effect on an individual, as well as having the right to appeal a decision. Fairness can relate to government leslies as laws back up all government policies in Australia. For example the scholar scheme in NEWS was previously taken advantage of by the wealthy but now everyone has to pay.
The rule of law is shown greatly throughout the fairness characteristic of the nature of Justice. The rule of law states that the accused must be informed of allegations made against them’, making it a fair trial. It also states that controls are placed on enforcement agencies, such as the police, to ensure that they do not abuse power. The ability to have decisions reviewed or appealed is also an important part f fairness and the nature of Justice. Fairness can also relate to the overall law itself. Call for NT Intervention policy to face human rights test” an article written by Dan Harrison on the 13th of March 2012 in the Sydney Morning Herald states the government’s “Stronger Futures” proposals would “in effect discriminate against Aboriginal people. ” The proposals include the extension of alcohol restrictions and measures allowing Centerline to suspend the welfare payments of people whose children do not attend school regularly in the Northern Territory. This is unfair to the Aboriginal people and is an infraction of the nature of Justice and the rule of law.
The aspect of access in the nature of Justice and rule of law means that individuals The Nature Of Justice By choreographing legal information, understanding and assistance as well as physical access to courts and legal aid offices is a critical part of the nature of Justice. It is often argued that many Australians have poor access to the legal system. Any person charged with a criminal offence has the right to a lawyer, however individuals are expected to pay for heir own legal representation, therefore the right is only available to people who can afford to pay for their own lawyer.
Legal Aid can be provided as representation, but access to this service is subject to strict criteria, so many are forced to represent themselves in court. In civil law matters, the issue of access is even more of a problem in Australia. Legal Aid rarely provides assistance for civil law matters. The rule of law and nature of Justice in Australia provide a reliable and trustworthy legal system for Australia and all its people.