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The Forum > Article Comments > Has the time come for the common law to be scrapped? > Comments

Has the time come for the common law to be scrapped? : Comments

By Katy Barnett, published 9/1/2009

The adversarial legal system has definite drawbacks. But can a more inquisitorial mode fix those drawbacks?

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@ Grim & Peter the Believer

I suspect it is a little too early for a majority of Australian citizens to decide that theoretical concepts such as God, fate, destiny, astrology, superstition, etc. have no place in the Constitution of the new Australian Republic.

There is nothing much we can do about it I am afraid. We will just have to put it all in there and wait another couple of centuries or so for mentalities to mature.
Posted by Banjo Paterson, Monday, 12 January 2009 7:16:03 PM
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Thanks for your response Legal Eagle. A Lawcare idea might work but perhaps structured to be better than the Medicare system with shorter waiting periods.

I often wonder (and I don't know the answer either) if some form of legal insurance for ordinary people who don't qualify for Legal Aid might be considered. This way we could be protected from malicious suits or be able to bring our own suits for smaller misdemeanours like you mentioned that are not worthwhile bringing to court under the current system.

The premiums would likely be low as the number of people requring legal assistance would be minimal in comparison to say medical assistance or to fix your car after an accident. To ensure the prices are kept low, lawyers who opt in to service the insured would have to agree to a price cap to ensure the insurance premiums aren't pushed so high and out of the reach of those it intends to help.

Hard to say whether this would open up a minefield of disputes and make the system worse. Although if this were the case it would certainly employ the thousands of law students coming out of uni.

I am thinking out loud more than anything and maybe others have better ideas than me, a legal luddite when it comes down to it.

Sometimes it pays to approach these problems with caution as to avoid the solution becoming a problem in itself. Perfection is not possible but there must be some way in which we can make justice more accessible.

On a lighter note, perhaps a Judge Judy style of court for the minor misdemeanours. Although, heaven help you if you get on her wrong side.
Posted by pelican, Monday, 12 January 2009 10:22:27 PM
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Its a no-brainer, a tissue of lies.

Inquisitorial system be damned. No judge in the land should, for one minute, object to an inquisitional system as it suits the rich people, BIG people, media personalities and immigrants who carry the burden of GROWING Australia's wealth and ECONOMY.

Inquisitions worked well for the spanish and should work well for Australia's future economic growth and grand standing in the first world of nations. We should not rule out burnings at the stake either. The more ways we can rid this nation of the weak and vulnerable (people who save and live within their means) the better poised we will be for International greatness & long overdue worship of our Prime Ministers in foreign diplomatic circles.

But let us remember we are here to bury the Legal System not to praise it or raise it from a murky end only to hinder economic growth, political power and endless collection of 500,000 new growth in immigrational GST each year. The current legal system might even examine the hideous external costs of immigration like cuts in services and standards of freedom and free range living that lead to being forced to miscarry in toilet bowls and sit in dead trains and traffic for hundreds of hours. This can not be allowed.

A civilised nation like Australia can not afford the current legal system. Its best laid to rest and we all must hope that the Kevster is true to his grafting ways and tips the last unholy sod in the sepulchre.

RIP law and order.

Ad Economic Growth.
Posted by KAEP, Monday, 12 January 2009 10:53:22 PM
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A theme to have an Australian inquisitional system by

Verse 1
Kevin Ruddster and His weevils
Ratting out our Nation
Flying through our Uncle Tobys
Not to bless 'em, but to eat 'em

Verse 2
When Kevster takes a Westpac Pill
The good begin to worry
They can't escape their awful fate
Of loss of interest and money

Verse 3
So come and join us all you kids
For lots of fun and laughter
As Kevin Ruddster and his team
Get all the GST paying migrants they're after

Chorus
Kevin Ruddster, he's our man
Hero of our nation
For mindless violence & gridlock just be sure
And vote Labor at the polling station
Posted by KAEP, Monday, 12 January 2009 11:34:04 PM
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The degree of ignorance displayed by some of those who contribute to this forum is an indictment of our education system. One poster has decried the lack of one Statute Law System. We have one Statute Law System, but the public are told we have nine. Each State and Territory and the Commonwealth have a Statute Law regime, and each is held by local lawyers to be paramount. This has made the Commonwealth an illusion. The Commonwealth is only a nuisance, as human rights and human dignity are ground under the jackboot of State Fascist regimes.

The Police State had no place in Common Law. The armed and jackbooted public enforcer, was no better than the common man or woman. In 1970, an unholy alliance between organized crime, the Police and Government was introduced in New South Wales and extended by the Liberal Party, with Labor Party support, to the whole of Australia. The Police State has been funded by criminals, both corporate and common, and the rorts and rip offs, extended to every kind of extortion. Google the Community Law Resource Group, if you are game. A small but determined group of individuals in Victoria, has decided to educate the Australian people through the internet, and expose the patent dishonesty of the State governments, and their paid lackeys, the Magistrates and Judges who have allowed this to happen. For this discussion the Commonwealth is simply another State.

When the Labor Party lost the unlosable election in 2004, by selecting a secular atheist as leader, the thinking Federal Labor leaders, selected a leader from the 65% majority. 2007 vindicated this decision. Christianity does not rely on jackbooted and armed Police and their masters, the legal profession, to govern. It relies on the carrot and the stick. The Magna Carta is the essence of Christianity. The Coronation Oath 1688 ( Imp) installs Christianity as the State Religion, and the Constitution guarantees that we shall have no police state. Kevin Rudd has shown he is willing to accept the authority of Almighty God and Australia will be blessed.
Posted by Peter the Believer, Tuesday, 13 January 2009 7:07:25 AM
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Banjo
I'm not sure I agree. I would consider the USA to be a far more 'God fearing' nation than Oz (something like three quarters still believe in creationism, and evolution is still considered by most to only be a theory), yet it's constitution, written over 200 years ago, is remarkably secular.
I have always believed the average Aussie to be far more rational and down to earth than the Yanks, and I would hope any republican constitution should reflect that.
BTW, one of our most popular PMs, Bob Hawke,used to describe himself as atheist -although I believe he has now downgraded himself to agnostic.
For the record, I do not believe in a personal god. In fact, I cannot see how anyone who believes in the moral principles of Christianity, could possibly believe in a personal god.
According to the Bible, God just ain't very christian.
Posted by Grim, Tuesday, 13 January 2009 8:18:25 AM
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