Essay Sample on Understanding Australia's Primary Sources of Law

Introduction

The first question asks about the features of the three primary Australian sources of law, which entail case/familiar law sources, constitutional sources, and the Ordinances made by Governor-general. Firstly, Elected members make the legislative law to enhance justice and fairness in the distribution of resources by the government. The rules are known as the government "ACTs" because they govern government administrative actions while still focusing on local issues (Latimer, P. 1947). Legislative regulations also have a feature of outlining citizens' rights and responsibilities, offenses for non-compliance to the act's provisions, regulate businesses, etc. The making of these kinds of laws it requires rigorous parliament debates and lobbying event at the community level.

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Secondly, The case law is made in courts by judges to facilitate their decisions with each unique case they settle. It lays its foundations in ancient England, where the Acts of legislative assemblies were unknown. The laws allow conflict resolutions to be based on Societal principles, morals, cultures, and morals by judges from all courts (Latimer, P. 1947). Settling of Modern disputes in courts is made possible by the use of past standardized judgments regimes. Lastly, the Ordinances laws are made regularly by Governor-general, who is the head of the federal government. The ordinances affect the full exercise of the legislative decree as the governor-general has control over (Will, E. 2018). However, the laws have a narrow range of interest areas starting from companies, national land policies, and materials monitoring and classification. The Commonwealth still administers some Australian ordinances while others converted into Acts

ADRs are methods of solving conflicts. Australian system uses Arbitrating, negotiation, and mediation Alternative dispute resolutions method. Arbitration is a compulsory or voluntary peace attainment method that brings warring parties with the assistance of a neutral adjudicator. Arbitration helps the warring parties to agree, especially in commercial conflicts by allowing the victims to sign peace agreements or contracts which can later be enforced by the court. Secondly, Negotiation is a dialogue type of ADR where two warring parties intentionally decide to converse, exchange ideas to reach to an agreement (Latimer, P. 1947). While at the talks, there is a lot of compromises done to establish great co-existing relationships between the conflicting parties. It aims at achieving a distinct advantage and achievement of an individual or collective interests. Finally, Mediation is a type of ADR where warring parties get to be in a conversation that is entirely focused on reaching solutions to their disputes but in the presence of an impartial person. The neutral party facilitates the discussions and make sure that all parties involved in a conflict reach to an agreement. Madiationary roles are vivid in legal, families, occupational, and community matters, among others.

Additionally, various doctrines are governing the Australian legal systems, such as the doctrine of judicial precedent and the doctrine of separation of powers. The principle of precedence of legal authorities helps in explaining that incase a judicial decision has is made, other similar issues would be dealt with in the future based on the first action to uphold justice for all. The doctrine maintains the consistency of the case laws where if a judge decides on particular judgment for a given case, he or she will use the same criteria for future cases with similar issues and facts(Pattenden, R.1996-7). The doctrine helps judicial arms in maintaining proper consistency of judgments to avoid probable discrepancies.

Additionally, the principle/doctrine of separation of powers embraces the sharing of administrative responsibilities amongst government workers. It explains the roles and responsibilities of the judiciary, legislature, and executive (Pattenden, R.1996-7). The legislative councils' leading functions are in making laws; the executive enforces the law while the judicial courts interpret the law. The doctrine allows the separation of government arms for specialized optimal performances.

Conclusion

Finally, when one talks about criminal and civil laws, many people do not understand the difference. Criminal law entails all guidelines useful in dealing with offensive behaviors against the public, state, or society while l while civil law deals with offenses against an individual or private organization (Will, E. 2018). For instance, criminal acts involve issues of murder, theft, while civil laws entail crimes like breaching of contracts, damage to private property, negligence, disturbance, among others.

References

Latimer, P., 1947., Australian business law: 35th edition 2016 / Paul Latimer. South Melbourne, Victoria, Oxford University Press.

Pattenden, R., 1996-7, The Discretionary Exclusion of Relevant Evidence in English Civil Proceedings: International Journal of Evidence and Proof, 1: 361-385

Will, E., 2018, Civil Law vs. Criminal Law: Breaking Down the Differences, [Online] Available at https://www.rasmussen.edu/degrees/justice-studies/blog/civil-law-versus-criminal-law/ [Accessed 01/02/2020].