Law
Learning Outcomes
Unit Learning Outcome (ULO)
ULO 1: Apply key principles of law for commerce to recognise and evaluate legal issues.
ULO 2: Analyse and interpret legal issues in domestic and international contexts.
ULO 3: Use appropriate digital technologies to search, retrieve and apply relevant information to law for commerce.
Graduate Learning Outcome (GLO
GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical Thinking
GLO1: Discipline-specific knowledge and capabilities
GLO8: Global citizenship
GLO3: Digital literacy
Solution
Law Assignment help.
Introduction
The Australian legal system plays an important role in the society. Most importantly, the branches of the government are fundamental towards ensuring an enabling society based on equality prevails. Therefore, there are various statements despite being foreign influence the running of the government and interpretation of the law. Therefore, this paper will examine the legal statements of the US constitution and relate it to the Australian legal system as per the case questions.
What does each of the two parts of the statement relate to in law?
On legislative, Judiciary, and Executive
The first statement on legislative, judiciary, and executive branches relate to Australian law in regards to separation of powers. From the analysis of the judiciary, there is the concept of independence in operation and focus on no-interference into the roles of the diverse branches. As per the Australian law, there is the focus on developing an avenue whereby none of the three branches can overlap each other in executing their roles. (Gibbons, 2014) As a clear example, the Constitution gives the judicial power of the Commonwealth to execute the role of interpreting the laws and to judge their application in the specific cases. Admittedly, the function of the judiciary is geared towards the interpretation of the Constitution and ensuring that there is conformity to the Constitution (Laster and Taylor, 2014). Nonetheless, the judiciary is in various instances deemed to be the overseer or monitor of the diverse branches. As per the Australian Constitution, the judiciary has the power to deem a given rule of law as unconstitutional. Despite the legislature having the power to make the laws, it is the role of the judiciary to determine whether or not the laws infringe on the Constitution. Therefore, despite the separation of powers as per the statement, in the analysis of Australian law, there is the establishment of comprehensive guidelines towards the interpretation and execution of the law.
Government of Laws and not of Men
As such, the government of laws and not of men in most instances has been compared to the notion of “rule of men.” The comparative approach has been geared towards developing an environment whereby there is an in-depth comprehension of what entails the law and the process of adoption in various institutions. In reference to Rembar, (2015), across Australia, the statement has led to the creation of competing dichotomies in the evaluation of the general rule of law as compared to the government focus towards accepting its origin based on law. Therefore, the statement “government of laws” entails advancement towards the development of the view that the government emanates from the particular view of political values (Laster and Taylor, 2014). As such, enmeshing the concept of law into the analysis of the government develops an important aspect in conveying the need for the government. The process of formation of the government is based on laws and guidelines that are based on distinctive perspectives that translated to its development. Therefore, the government is an embodiment of laws as opposed to men.
Define/Describe the Role of these Two Principles
On the first principle, there is the focus on the notion of separation of powers. In the legal environment, there is need to ensure that the three branches operate independently. Therefore, the separation of powers among the three branches entails the focus on developing limits to the various branches in exercising their core roles on another. Therefore, the role of the first principle is to develop an avenue whereby there is no concentration of authority. Further, there is the development of a legal environment whereby there are checks set in place to monitor the operations of the diverse branches of the government. From the analysis of the Australian legal structure, the separation of powers plays an integral role in the working of the government. As such, in reference to Rembar, (2015), no democratic nation can prevail successfully without the separation of powers. The emphasis on separation of powers creates guidelines in the execution of responsibilities which is imperative towards the running of the nation. Most specifically, the legislature plays a fundamental role towards overseeing the various branches. Through the separation of power, there is the establishment of the legal process that the various departments ought to operate.
On government of laws not of men, there is the emphasis on the notion that the law is enforceable to everyone. In the simplest description, there is the notion that the law applies to each and everyone equally. No one person is above the law. Hence, the role of the principle is towards the development of an avenue whereby despite the law is harsh, it is geared towards necessitating an equal environment for everyone (Gibbons, 2014). From the analysis of Australia, it has one of the strongest rules of law globally. Therefore, the Australians conform to the law, not due to the prospect of being ethical or good but because the laws are effectively interpreted by the judiciary. There are comprehensive consequences in the instance that one infringes on the law. Therefore, it is through the government of laws that there is the development of a society whereby there is the appreciation of the laws, the equality in execution and implications as interpreted by the judiciary.
From a Constitutional Perspective, How Does the Australian Legal System provide for each Principle?
The Australian legal system establishes the operational dynamics of the different branches of the government. As such, through the Constitution, there is the development of a clear statement on the different roles of the branches towards the governance process. As a federal government, the authority to make coupled with manage the federal law is divided among the three branches. The division in reference to Laster and Taylor, (2014) is based on the separation of powers whereby no branch can overrule on the other. Under the constitutional principle, there is the emphasis on the statement that the authority to govern should be divided between the legislature or parliament, executive and the judiciary to mitigate or avoided the potential for centralization of powers. As such, through the constitutional mandate, there is the definition of the different areas of responsibilities to ensure that each branch maintains a check on the actions of the latter.
On the second statement, there is need to develop the rule of law as per the government whereby equality is a central focus in the execution and interpretation of the law. Therefore, checks coupled with balances are at the center of the rule of law whereby accountability is fundamental. Towards catapulting the level of accountability, the judiciary through the high court plays a pivotal role (Gibbons, 2014). As such, the high court ensures accountability and government by the law through hearing the distinctive challenges to the constitutionality of a given law or action by the executive or legislature. Through the judiciary, there is the establishment of a legal environment whereby there is control of any form of power. The judiciary, through the constitutional mandate, ensures that no person is above the law and interpretation of the legal stipulations is comprehensively undertaken.
What is the Relationship between the two Parts, if any?
The two parts exude a relationship based on the appreciation and interpretation of the law. From the analysis of the two principles, the judiciary is a connecting factor towards the analysis of the law and its influence on both the government and its branches (Gibbons, 2014). Therefore, the law as the connecting factor plays a fundamental role in the two parts towards establishing the connecting aspects. Most importantly, in the analysis of the two parts, it is evident that there is an emphasis on the interpretation of the law for the common good of the public (Laster and Taylor, 2014). The first part evaluates the separation of powers whereas the second part focuses on the need for equality in enforcing or interpretation of the law by the judiciary.
What role does the judiciary play concerning upholding these principles of law, and to what extent is this role effective in the Australian legal system?
The judiciary plays the role of the ultimate and impartial arbitrator coupled with evaluator of the law and its influence on both the government and the public. From the evaluation of the Australian legal system, the role of the judiciary is spelled out in regards to their operational mandate (Gibbons, 2014). Therefore, from the analysis of the principles of law, the judiciary is imperative since it is the arbitrator, evaluator of accountability and the interpreter of whether or not the laws are being followed or infringed (Rembar, 2015). The emphasis of the judiciary is towards the development of an Australian legal system built upon by transparency and accountability in the different sectors. Therefore, the judiciary in the evaluation of the two principles plays a connecting factor towards successful interpretation and enforcement of the law.
Conclusion
Understanding
the Australian legal environment is fundamental for any citizen. From the above
analysis, it is evident that the aspects of separation of power coupled with
equality under the law are influential on both the public and the three
branches of the government. Through the judiciary, there is the establishment
of an environment whereby there is the interpretation of the law to necessitate
equality and ensure checks and balances prevail in evaluating the conduct of
the executive and legislative branches of the government.
Reference
Gibbons, J., 2014. Language and the Law. London: Routledge.
Laster, K. and Taylor, V.L., 2014. Interpreters and the Legal System. Melbourne: Federation Press.
Rembar, C., 2015. The Law of the Land: The Evolution of our Legal System. Open Road Media.