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本文是教育专业的留学生论文范例，题目是“Australia's Legal System（澳大利亚的法律体系）”，澳大利亚的法律体系也被称为“普通法系统”是基于模型继承了这些国家的发展受到英国殖民主义尤其是英联邦国家和美国在澳大利亚的法律制度下所有的人无论是国内或国际法律面前一律平等保证政府或官员作出不公正判断的保障措施。 Australia’s legal system also known as ‘Common law system’ is based on the model which was inherited by those countries whose development was influenced by British Colonialism in particular the commonwealth countries and the U.S. Under the Australian legal system all people whether domestic or international are treated equally before the law and safeguards to ensure the unfairly judgment by government or officials. Australian courts work on ‘adversarial’ system, which innate within the English legal system. This system comprise of two parties presenting their case against each other, where the third party known as judge or magistrate presides the case directly. Whereas in the adversarial system, witness is not handled by the judge directly. The judge listens to each side’s discussions and after the cross-examination of witnesses by both sides then only the judge makes the decision. But in other countries like France In France, ‘inquisitorial’ system of courts operate, where the judge plays an active role in examining evidence and questioning witnesses. 澳大利亚法院采用英国法律体系固有的“对抗”制度。这一制度由双方当事人相互提出诉讼，由被称为法官或地方法官的第三方直接审理案件。而在对抗制中，证人不直接由法官审理。法官听取双方的讨论，在双方证人的交叉询问后，只有法官作出决定。但在法国等其他国家，法院实行“调查”制度，法官在审查证据和询问证人方面发挥积极作用。 The Australian Constitution澳大利亚宪法 Australia operates in a constitutional monarchy. At a federal (Commonwealth) level, the first institution of law in Australia is the Commonwealth Constitution. The Constitution comprise of rules which controls the power, authority and operation of a Parliament. In Australia, each State has its own constitution. The Commonwealth Constitution consists of federal government, the federal parliament, and the federal courts, the territories, and the creation of new states. Thus, the Commonwealth Constitution is the fundamental document of empowerment in the Australian political and legal systems. It establishes that, where the Commonwealth and a State pass conflicting laws, any valid Commonwealth law trumps (overpowers) the State legislation. States can pass laws on any subject matter. 澳大利亚是君主立宪制国家。在联邦(联邦)一级，澳大利亚的第一个法律机构是联邦宪法。宪法由控制议会的权力、权威和运作的规则组成。在澳大利亚，每个州都有自己的宪法。《联邦宪法》由联邦政府、联邦议会、联邦法院、领土和新州的建立组成。因此，《联邦宪法》是澳大利亚政治和法律体系中授权的基本文件。它规定，当联邦和一个州通过相互冲突的法律时，任何有效的联邦法律胜过(胜过)州法律。各州可以通过任何主题的法律。 The federal government has the power to enact legislation about certain areas given by the Constitution. In activities such as marriage, immigration and taxation the Commonwealth has the power to order the law. But in the buying and selling of property and criminal laws constitutional capacity of the Commonwealth Parliament could not do anything.
Division of Powers部门的权力 “The law making powers which are not stated in the constitution as belonging to the commonwealth remains with the state”. A federation involves a division of powers between the constituent elements in Australia that is between the States and the federal body, the Commonwealth of Australia. One of the most important roles of the constitution is the division of powers between the Federal and state legislatures. The constitution confers a limited number of exclusive powers such as defence, foreign trade and immigration etc but most of the Commonwealth’s powers, granted under s. 51, are concurrent powers. These powers can be exercised by the Commonwealth and the states but, in the event of conflict, the Commonwealth law will prevail (s. 109). Powers which are not expressly mentioned in the Constitution, residual powers remain with the States. “宪法中没有表述为属于联邦的立法权仍然属于各州”。联邦包括澳大利亚组成部分之间的权力分配，即各州与联邦机构澳大利亚联邦之间的权力分配。宪法最重要的作用之一是联邦和州立法机构之间的权力划分。宪法授予有限数量的排他权力，如国防、对外贸易和移民等，但根据第51条授予的大部分联邦权力是同时的权力。这些权力可由联邦和各州行使，但在发生冲突时，以联邦法律为准(第109条)。宪法中没有明确提及的权力，剩余的权力仍然属于各州。 Seperation of powers分离的权力 Governing Australia needs lots of power. The Constitution says that this power is divided between three groups of people so they can balance each other. Each group checks the power of the other two. This division of power stops one person or group of people taking over all the power to govern Australia. 治理澳大利亚需要大量的力量。宪法规定，这一权力被分成三组人，这样他们就可以互相平衡。每一组检查另外两组的力量。这种权力划分阻止了一个人或一群人接管统治澳大利亚的所有权力。 Thus, Legislative involves in making laws, executive administering laws and judicial applying laws to individual cases. “Under the Commonwealth Constitution, legislative power is formally allocated to the Commonwealth Parliament, executive power to the Crown (the Governor- General acting through the Federal Executive Council, effectively the government) and judicial power to the courts”.
The Federal Parliament联邦议会 The Australian Federal Parliament consists of two houses: the House of Representatives and the Senate. The House of Representatives is called as the “lower house”, whereas the Senate is as the “upper house”. 澳大利亚联邦议会由两院组成:众议院和参议院。众议院被称为“下议院”，而参议院被称为“上院”。 The House of Representative众议院 “At present, the House is made up of 150 single member electorates. There are 50 electorates in New South Wales, 37 in Victoria, 26 in Queensland, 15 in Western Australia, 12 in South Australia, 5 in Tasmania, 3 in the Australian Capital Territory and 2 in the Northern Territory”. 澳大利亚联邦议会由两院组成:众议院和参议院。众议院被称为“下议院”，而参议院被称为“上院”。 The Senate参议院 “The Senate has 76 members composed of 12 from each State, plus two each from the territories. Thus, the two houses of Parliament comprise the Legislative arm of the Australian political system. The government is drawn from the party or parties that command a majority in the House of Representatives. 参议院有76名成员，每州12人，各属地2人。因此，议会两院构成了澳大利亚政治制度的立法机构。政府是由在众议院拥有多数席位的政党组成的。 At present, the Liberal Party and the National Party govern in coalition. Legislation has to pass both houses in order to become law and, except in the case of money bills, the Senate has equal power with the House of Representatives”. 目前自由党和国民党联合执政。立法必须通过参众两院才能成为法律，除了货币法案外，参议院与众议院拥有同样的权力。” |
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