Question

Are ‘law’ and ‘justice’ one and the same thing? Discuss. (300 words maximum) please attach referencing also.is should be based on australian laws.

Answer 1

Law and justice are not necessarily the same thing. Laws are passed by parliaments elected by the people and interpreted by judges. The idea that one’s financial or other privileges could impact on the administration of law violates the principle of justice, represented on court buildings all over the world by statues of Lady Justice, a figure based on the Roman goddess of justice, Justitia.

Australia has an adversarial legal system. Trials have Justices and barristers (lawyers) who represent the parties present. One of the first people to articulate the rule of law was AV Dicey in his 1885 book Introduction to the Study of the Law of the Constitution.

In Australia there is a presumption of innocence, and guilt must be proved. Like The United States the Constitution protects against self-incrimination and voluntary confessions. Voluntary confessions and statements, however, are allowed. A barrister is appointed to all criminals and appeals. Either side can enter an appeal, however once a case is appealed to the High Court, the final decision is binding and may not be appealed any farther. The High Court holds binding decisions over all courts in Australia.