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Key Features And Doctrines Of The Australian Legal System

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Assess key features and doctrines of the Australian legal system in achieving justice. Key features and doctrines of the Australian legal system are the rule of law, procedural fairness and the court hierarchy which are all crucial to achieving justice. Justice is achieved when people are treated without bias, a case is handled just, and equal outcomes are achieved for both parties. The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the …show more content…

Procedural fairness is an extremely important factor in achieving justice in the legal system. The importance of procedural fairness can be displayed through the case of Haneef v Minister for Immigration and Citizenship (2007) as there was a lack of procedural fairness applied, resulting in a lack of justice. Dr Haneef was suspected of terror related offences and subsequently held without charge for an excess of 12 days due to evidence linking him to a terrorist attack in Glasgow. This evidence was later proven incorrect. The links between Haneef and the suspected offences were not enough to go to trial. Dr Haneef was incarcerated for three weeks, two of which he was held in 23 hours isolation, after being wrongly convicted of a 'reckless association with terrorist groups.' His reputation was tainted and his VISA revoked, as well as his wife's without any reason for the cancellation. All of these actions during the investigation of Haneef show a lack of procedural fairness resulting in his unjust treatment. Justice was not achieved in the case of Haneef v Minister for Immigration and Citizenship (2007). This case reinforces the importance procedural fairness has in the legal system as it reflects the legal system not achieving justice when an individual is not treated with equal rights, opportunities and awareness of what is occurring. Therefore, the doctrine of procedural fairness is essential to achieving

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