Law in a changing society Essay Example | Topics and Well Written Essays - 500 words

Law in a changing society - Essay Example This can be put forward as an ideal solution to solve legal issues. Parties involved in the process, therefore, take it upon themselves to conduct a thorough and conclusive investigation on which they will base their argument during the trial process. Whereas, this has always been an ideal solution there are factors that should be considered. The assumption made by the legal system that all parties involved in a case have equal resources to carry out investigation may not always be correct (Parkinson 2009, p.46). The system is, therefore, likely to lock out necessary evidence on account of insufficient resources to provide this evidence. The system further fails to recognize parties that may be disadvantaged by factors such as disability and race. The law governing residential tenancies in Australia does not include boarders and lodgers. This means that when faced with a legal challenge, they can only seek justice in the Supreme Court. At the Supreme Court, they will have to argue their case through the traditional adversarial process. The cost of filing a case currently is $894. This considered, the process becomes too expensive for a person who wanted to seek justice. Over the last 30 years, the Australian legal system has sought to adopt some of the aspects of the inquisitorial system. In the section of anti-discrimination law, the Australian law now provides that there should be an investigation by an independent body. This can be done before the disputing parties get brought together to solve their disputes (Parkinson 2009, p.48). The law can be seen to have adopted some of the aspects of the inquisitorial law in the western countries. At the state and territory level, the law provides that the decision making body for allegations of discrimination should be a tribunal. The tribunal looks for evidence that is relevant to the case. The tribunal manages to go beyond the evidence