essay Flashcards
AUSTRALIAN INTRO
a democratic system of government in which individual rights and freedoms are officially recognized and protected.
it is a form of democracy in which the people govern themselves
It is common law is judge-made law created in cases which give the need and rise for new precedents which can be used by other judges in the future
Uses the adversarial system in which justice is best achieved through a battle words of between two adversaries
SAUDI ARABIAN INTRO
Founded by Ibn Saud in 1932 is an Islamic sovereign state that is abosulte monarchy ruled by descendants of ibn saud.
Country ‘s legal system is sharia law which is law that is based on the quran, sunnah, sayings of prophet mohammed
an absolute monarchy is when the head of state is an inherited position with powers that are unlimited by a constitution or constitutional convention
it is an inquisitorial system in which the judge leads discovery and presentation of evidence
What is rule of law
the principle in which everyone is subject to the law
Freedom and equality before the law
“The rule of law only works when the law protects the citizen’s rights, citizen’s equality, and citizen’s freedom. With entitlements mentioned which are bestowed on to the citizens by the law, they can use this to bring pressure on the government and exercise legal rights”.
FREEDOM AND EQUALITY BEFORE THE LAW IN AUSTRALIA
Presumption of innocence is the accused person is seen as innocent until their guilt can be proven.
The right to remain silent is important as it guards the person from being forced into speaking that would be used to incriminate them.
These legal rights are significant in protecting the accused from arbitrary power.
Freedom and equality before the law in Saudi Arabia
Compared to Australia there are no freedoms and equalities to protect the rights of citizens Saudi.
They are denied legal counsel during interrogation, lengthy pretrial detention, and detention without charge.
they have detained 2,305 people who are under investigation for more than six months without referring to a judge.
What is the universality of law in Australia
Universality of rule of law is that the law is everyone is universally susceptible to the law. Everyone is susceptible to the law in Australia.
An example of this is that migrants have separate customs such as child marriage and female mutilation and if followed leads to legal repercussions.
What is universality of law in Saudi Arabia
In Saudi Arabia, the monarch, religious authorities, and House of Saud are said to be subject to sharia law but there is factual evidence backing this up
Women are subject to law harshly due to religious beliefs and traditions. Universality of law is more prevalent in Australia than Saudi Arabia as it is applied more effectively
Law should be known, clear, consistent, and coherent
in australia
People know of the law in Australia as it is published to the government gazelle after its creation.
Though government gazelle is weak in providing knowledge of the law.
When a law is made the average person should be able to decipher the meaning so that the majority come to the same conclusion of that specific law.
Law in Australia has clarity, so individuals make efforts to avoid breaking the law, this is the case in Australia. Law is consistent as it is made in futuro and not ex post facto in Australia
Law should be known, clear, consistent, and coherent
in SAUDI ARABIA
Sharia law is inconsistent as it not applied fairly to everyone unlike Australia where all adults are subject equally.
Women are subjected differently as texts which sharia law is based of view them as lesser in intelligence, bad omen, and the majority of hell.
Saudi Arabia expects its citizens to know the law as it is made aware by schools and religious authorities.
There are segments of Sharia law that people are hard to comprehend due to complexity this has created conflicts as the judges have clarity while citizens don’t. Law is sometimes not clear
WHAT IS JUDICIAL INDEPDENCE
The freedom of the judiciary from interference or direct external control, particularly by other branches of government
executive in australia judicail indepdence
The executive supports the judiciary so that they can continue their independent functioning through funding and resourcing from executive
judicial indepdence in saudi
Judicial independence in Saudi Arabia is effected by executive’s funding and budgeting. Reducing the budget given shows disapproval from the executive to the judiciary, forcing judiciary to make decisions in court that adhere to House of Saud’s regime
The executive in Saudi Arabia has intervened in matters of the judiciary when in 2018, a multitude of activists were arrested and tried in specialised criminal courts, meaning an unfair judiciary having no real independence.
judicail indepdence in australia
Judicial independence in Australia is elevated as the tenure of judges is mentioned in the constitution, tenure means to hold office. Tenure of judges is protected until the age of 70 or retirement, this means judges do not fear removal as decisions made will not lead to their dismiss
The Constitution states that “Justices of the High Court and the other courts created by the Parliament:
1. shall be appointed by the Governor-General in Council;
2. shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity; “
