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Legal Forums » Legal » Legal system
Started Nov 14 2012, 06:31
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Nov 14 2012, 06:31
The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials.
Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system.
The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India.
The chief feature of the common law system is that judges’ decisions in pending cases are informed by the decisions of previously settled cases.
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