Judicial System and Court System in Australia

Judicial System and Court System in Australia

Introduction

In Australia, working in parallel single federal court system and having the independence of the courts of all the states in the country. The federal court system consists of the Australian Supreme Court, appellate and district courts, and it includes special courts. At the head of the entire federal court system is the Supreme Court of the Australia, who is both extremely important position in the overall structure of the supreme bodies of state power, along with the president of Australia. The Supreme Court of the Australia is the only judicial authority referred to in the constitution. Each of the members of the Supreme Court are appointed by the president and held the post of approval in the Senate. Decision-making in the highest judicial body of the country is done by a judicial system in Australia. In the jurisdiction of the Australian Supreme Court in the first instance are cases involving disputes between two or more States, affecting ambassadors, and others.

The primary function of the Supreme Court is to consider complaints that are served on the decisions of the lower federal courts and state courts, subject to the matters affecting the federal issues of importance. The Supreme Court is considering a request to cancel decisions of the courts of any instances when they are based on the laws that are contrary to theAustralian Constitution (Baier, 2006).

The appellate courts represent the intermediate courts of jurisdiction between the district courts and the Supreme Court of the Australia. Today, there are 13 courts of appeals, each of which covers the area from three to ten states and has its official number. When cases in each court of appeals involved secured him a member of the Australian Supreme Court. In the appellate courts, appeals of the decisions are heard and judgments made by the district courts, as well as the decisions of various administrative bodies. Most often, a panel of three judges heard the cases, but if it is not an appeal, then consideration may engage in one or two judges.

Discussion and analysis

Each of the Australian states operates its own system of courts. In most cases, the lack of a single vertical structure of the ship due to the historical conditions in which the judicial system is formed each state. More often than not work here with two or three levels of general courts, and supplement them with all kinds of courts of special or limited jurisdiction. In small states typically runs two-court system, which implies the presence of the courts of first instance and the highest judicial body. The three-stage system with an intermediate appellate jurisdiction and is characteristic of the states with the largest area and population.

The Judicial and Court system of Australia is primarily based on the two arms, i.e. State system and Federal system. The courts inside every Australian state are separated into three levels:

Lower courts

Halfway courts

Supreme Court

At the head of the judicial systems of the ...