LAWS50024 Lecture Notes - Lecture 7: Advantageous, Federalism In Australia, Ouster Clause
Document Summary
* protects from arbitrary exercise of power in new model of democracy in uk. These 3 universal principles are further developed in 9 factors of the wjp rol index, which measures how the. Civil justice requires that the system be accessible, affordable, effective, impartial, and culturally competent. Accessibility includes general awareness of available remedies; availability and affordability of legal advice and representation; and absence of excessive or unreasonable fees and hurdles. Impartiality includes absence of arbitrary distinctions, such as social and economic status, as well as decisions that are free of improper influence by public officials or private interests. Informal justice: including traditional, tribal, and religious courts, as well as community-based systems in resolving disputes. Must be effective, impartial, and protect fundamental rights, and are held to the same standards of fairness in resolving disputes as formal systems. Relationship between rule of law and parliamentary sovereignty. Parliament unfettered in relation to making laws under the system.