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Question:
Discuss about the Legal System Principles and Fundamentally Protects.
 
 
Answer:
Introduction

The Australian legal system is estimated as one ort of legal system which is totally based on certain forms of democratic principles and fundamentally protects the different types of values and beliefs of the community. Australia is basically noticed to follow a constitutional monarchy that is represented in Australia by the governor general of the country (Baldwin, et al 2012).  On the other hand it is noticed that some countries do function by considering the military dictatorship while some other countries are noticed to have become partly democratic. Due to this, citizens of Australia are subjected to laws when they enter into some other countries as tourist. The main motive behind the Australian law is just to supply with social cohesion so that the conflicts could be restricted within the society. Each and every law is accepted by the society and thus helps in establishing a perfect standard of the society so that it could perform efficiently. The Australian legal system is also noticed to highlights the standard of the society (Burdon, et al 2010).  

Element analysis:

The Research on selected topic has asked to highlights the effects due to lack of democracy on different people like literate, illiterate, poor rich as well as employed and unemployed. Through this essay the effect has been highlighted on the basis of the Australian legal system. Different key points that would be discussed within the essay are how lack of democracy in the continent of Australia is increasing the poverty level and leading to a drop down in the economic field would be discussed. Some issues like potential incapability among the citizens of Australia due to lack of democracy would also be brought into view through this essay.  Some challenging areas in the research is to highlight ways in which even during lack of democracy the presence of the redistributive policies has helped the business sector of Australia to make a step forward and achieve long term success while contributing to the economy of the continent even in times of lack of democracy and issues in the rule of law would be highlighted.

 
Statement analysis

The Australian democratic system is basically characterised of an open democratic society. Within this democratic system it has been stated that several form of reforms are needed to strengthen the level of democracy in Australia. It is basically noticed to include the some electoral reforms a strong parliament, a more accountable government, anti corruption, the freedom over speech for the Australian citizens including their engagement and some sort of human rights (Butler, et al 2013).  Due to lack of democracy, and with the problem in the rule of law, it is noticed that the Australian citizen could not develop their potential capability of living freely from fear, harassment as well as discrimination instead of their literacy level. They are not totally protected under the rule of law and thus could not perform activities according to their level of satisfaction. In simple words the lack of democracy for Australian citizen does not make sure about the establishment of an independent judiciary. The lack of democracy does not help the Australian citizen stipulate their feelings of responsibility towards the country even If they are literate or illiterate. Thus, with the lack of democracy, the poor and the rich people are successfully able to develop a sense of contribution in the process of selecting their own party who would be ruling and does not supply the people with the opportunity of developing belongingness toward the society and also for the nation (Goel,et al 2010).  In contrary to the statement it has been found that the lack of democracy and the problem of law are increasing the chance of unemployment and poverty which is considered as one of the major challenges in the world economy. Unemployment is increasing chances of financial crisis and reducing the purchasing capacity of several resources by the industrial sector, which as a result is increasing the burden of debt. Therefore, in general terms it could be stated that the increasing level of unemployment is bringing into notice the drooping down financial condition of Australia mainly because of the lack of democracy. The demand of labor is one of the most vital reason for unemployment that is most seen in the Australia due to problem in the rule of industrial law. During social crisis the excess availability of law was the most vital reason behind unemployment (Harpur, 2010). Certain dynamic changes have brought up changes in the organisational structure of Australia and for such the lack of democracy have increased the chances of structural unemployment within the continent. In perspective of the lack of democracy, the representative democracy is accepted to some extent but is practical application is noticed to show a discrepancy with changes in place and time. The most vital problem behind the rule of law is that it supplies with certain forms of contestable claims and are built without the substantive content gathered from the different places.

The Australian continent, as experienced a constant upward socio economic mobility, but still there is some kind of inequality in the distribution of the work due to lack of democracy and the problem in the rule of law at the same time have increased the unemployment rate in the continent of Australia. For some people part time employment is available, but the youth generation is experiencing a major problem in the context of getting employed (Jackson,et al 2012).  The continent Australia is now noticed to be on the note of making a shift towards the information economy that mainly depends on the high skilled workers. for a major problem in the rule of law the risk of unemployment is mostly experienced by laborers of different small and medium scale industries, the factory workers and the those people who have just gathered skills while working. From the business context, rule of law is estimated to increase the problem of job opportunities basically for the female dominated sector. Irrespective of the lack of democracy, from business context it has been identified that organisations and industrial sectors do hire the workers from outside as well as internal workforce on the basis of workers progress, instead of making a difference between the rich and poor, the literate and illiterate who would be suitable for the organisation (Ward, et al 2011).  Rather it is noticed that organisations and companies recruit groups of people irrespective of their financial status and literacy level so that the productivity level of the company is maintained.

In accordance to the Australian legal system, it has been found that due to lack of democracy a huge difference between the rich and the poor people could be noticed along with an increasing difference between the rich and poor neighborhood. In contrary to this it has been found that still today ample number of people live below the poverty line. According to the Australian legal system it is noticed that to a maximum extent about 56% of the Australians who are within the age of 15 to 74 are able to achieve the level three literacy or above that (Kalemli-Ozcan et al 2010).  Generally, democracy gives the member of the country with several opportunities so that they could participate in the public life. but from the business perspective according to the Australian legal system it allows the people whether be literate or illiterate and poor or rich to vest some form of interest and as a means to attain power for the people and influence them to carry out different activities. Even with the presence of the lack of democracy, from business perspective it has been stated that people are continent irrespective of their financial as well as educational status are preserve to international treaty and agreements. These are actually some sort of point of reference that is totally against the practise of democracy which should be constantly under measurement (Kolk et al 2010). The success in the business field of the Australian subcontinent has taken place with the lack of democracy along with the goring majority of the social interest where people of different social and financial status are noticed to have made themselves involved. Changes due to the lack of democracy, mainly reflects that the higher level of freedom is associated by both the literate and the illiterate people basically in terms of political association. Also from the business perspective, information has been gathered on this fact that democracy is less encouraging for long term development of the industrial and as well as the business sector, this mainly happens because of the enactment over the rich and the poor redistribution system of income (McKay, et al 2012). In relation to the lack of democracy from the business perspective the authoritarian regimes within the continent of Australia are highly insulated from the redistributive politics and which allows the business sector to proceed for achieving long term growth in the business and contribute to the continent’s economy. For example the Australian automotive industry is mainly noticed recruit employees who mainly come up from a poor background irrespective of the lack of democracy and problems in the rule of law.

Conclusion

The Australian legal system is mainly noticed to operate on a two tiered basis at the state and federal level. Also it has been noticed that the Australian legal system highlights the ways in which the governmental and judicial system functions at both the federal and the state level. The use of laws at the federal and the state level is balanced by the high court of Australia (Semple, et al 2013).  In general the Australian legal system highlights how the parallel system does work together in areas such as regulation of the corporation and financial market along with health and education. Because of the increasing level of globalisation n relation to contract and trade laws it has been predicted that the Australian law is actually influenced by the international law which is greatly reflected through the multinational conventions as well as involvement of the international treaties (Tyler, et al 2014). The Australian rule of law of law is signatory to different forms of bilateral arrangements as well as certain memoranda of understanding legal rules.

 
Reference

Baldwin, R., Cave, M., & Lodge, M. (2012). Understanding regulation: theory, strategy, and practice. Oxford University Press on Demand.

Burdon, M., Lane, B., & Von Nessen, P. (2010). The mandatory notification of data breaches: Issues arising for Australian and EU legal developments. Computer Law & Security Review, 26(2), 115-129.

Butler, D. A., & Meek, P. (2013). Camera trapping and invasions of privacy: an Australian legal perspective. Torts Law Journal, 20(3), 235-264.

Goel, R. K., & Nelson, M. A. (2010). Causes of corruption: History, geography and government. Journal of Policy Modeling, 32(4), 433-447.

Harpur, P. (2010). Rights of Persons with Disabilities and Australian Anti-Discrimination Laws: What Happened to the Legal Protections for People Using Guide or Assistance Dogs. U. Tas. L. Rev., 29, 49.

Jackson, J., Bradford, B., Hough, M., Myhill, A., Quinton, P., & Tyler, T. R. (2012). Why do people comply with the law? Legitimacy and the influence of legal institutions. British journal of criminology.

Kalemli-Ozcan, S., Papaioannou, E., & Peydró, J. L. (2010). What lies beneath the euro's effect on financial integration? Currency risk, legal harmonization, or trade?. Journal of International Economics, 81(1), 75-88.

Kolk, A., & Perego, P. (2010). Determinants of the adoption of sustainability assurance statements: An international investigation. Business Strategy and the Environment, 19(3), 182-198.

McKay, F. H., Thomas, S. L., & Kneebone, S. (2012). ‘It would be okay if they came through the proper channels’: Community perceptions and attitudes toward asylum seekers in Australia. Journal of Refugee Studies, 25(1), 113-133.

Semple, N., Pearce, R. G., & Knake, R. N. (2013). A Taxonomy of Lawyer Regulation: How Contrasting Theories of Regulation Explain the Divergent Regulatory Regimes in Australia, England and Wales, and North America. Legal Ethics, 16(2), 258-283.

Tyler, T. R., & Jackson, J. (2014). Popular legitimacy and the exercise of legal authority: Motivating compliance, cooperation, and engagement. Psychology, Public Policy, and Law, 20(1), 78.

Ward, R., Akhtar, A., & Wragg, A. (2011). Walker & Walker's English legal system. Oxford University Press.

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