Assignment 5.1: Law Enforcement Conflict Management Presentation ALTERNATIVE DISPUTE RESOLUTION (ADR) in ABORIGINAL CONTEXTS Until recently, the courts have been used as the main forum to resolve disputes. However, public dissatisfaction with an adversarial system, government recognition of experts other than judges, and an increased awareness of the impact of discretion on the administration of justice, especially how cultural differences affect the exercise of discretion, have all led to increased popularity and need for alternative dispute resolution processes (Bell, 2004:254). In relation to disputes involving Aboriginal peoples, there appear to be three emerging modes of alternative resolution processes. One mode involves Western-based paradigms such as negotiation, conciliation, arbitration and mediation. A second mode involves Aboriginal paradigms, which call for the rejuvenation and reclamation of ways in which disputes may be resolved according to the culture and custom of the Aboriginal party involved.
LAW REFORM “ Evaluate the effectiveness of Law Reform in achieving justice for individuals and society. ” Law Reform is a vital tool used for progressing the legal system toward more equitable and just outcomes for individuals and society. The process of law reform investigates existing State and Commonwealth Laws, in order to adapt and improve the law in line with societal values. The abolishment of Capital Punishment (1967), the introduction of Native Title (1998) and the historic case, Starvation of Ebony (2007) are three valuable examples of such law reform. In the aftermath of these events, each case was carefully assessed and changes were implemented as a result of the inadequacies in the pre-existing legal regime.
Despite this, the United States has often passed laws which usurp Indian sovereignty. One problem that continues to crop up in these discussions of sovereignty is the question of what exactly sovereignty means. The definition of sovereignty can be hard to pin down. One of the best definitions came from Mike Myers, a Seneca Indian, as quoted in the essay “Indian Sovereignty” by K. Kickingbird, L. Kickingbird, Chibitty and Berkley: “Ideally, sovereignty is the unrestricted right of groups of people to organize themselves in political, social and cultural patterns that meet their needs. It is the right of a people to freely define ways in which to use land, resources and manpower for their common good.
The Constitution means a lot to me. The Constitution to me is like the law of the entire nation. It is broken up into different parts so that all areas of ruling are dealt with. This breaking up of the Constitution is to handle with certain issues specifically. I have human rights to do what I want to a certain limit.
Both NSW and England were maintained, controlled and supervised by authority. Records of citizens were also stored by both the colony and England, collected and ‘recorded on the official files’. Alike to a government institution, NSW acknowledged law and order and punishment was too practiced as a form of justice once the law was unheeded.
Nonetheless, I contend that several challenges are evident in the effective implementation of restorative justice within Aboriginal communities. Amongst such obstacles, I claim that restorative justice necessitates implementation as Aboriginal justice originally intended, instead of as a conceptualization of White orientalists. In my view, the tendency to utilize uniform restorative justice strategies depreciates and overlooks the heterogeneity of identities and experiences amongst Native populations. I contend that it is integral to acknowledge the distinctions between Aboriginal peoples. I also argue that it is imperative to confront the differences between restorative and contemporary justice philosophies regarding offenders, the nature of crime, conflict resolution, and sanctioning, in order to ensure that restorative justice can perform in practice what supporters claim are its capabilities in theory.
For many indigenous peoples, the natural world is a valued source of food, health, spirituality and identity. Land is both a critical resource that sustains life and a major cause of struggle and even death. Each indigenous culture is distinct and unique. While many peoples may express similar worldviews and a common indigenous identity, their cultures are nonetheless based on different histories, environments, and creative spirits. (www.indigenouspeople.net/) Here in Trinidad indigenous people existed for over 6,000 years before the arrival of Columbus, and numbered at least 40,000 at the time of Spanish settlement in 1592.
Homework Essay Veronica Lee Compare common law and statute law, assessing the effectiveness of each type of law-making process. Laws are a set of rules that are officially recognised, can be enforced and are seen as binding on the community as a whole. These laws are necessary in society to ensure that the protection of the innocent, the rights and the responsibilities are upheld within the community. Without law and order society would be in a state of anarchy, which would consequently jeopardise the safety of the community. The basis of the Australian legal system and its laws are inherited from English law.
One can distinguish between the effect of the Act in the courts, its effect on Parliament, its effect on public authorities, and its effect on people and groups in society. These are related but distinct areas. All are important, having regard to three factors. First, the Government intended the Act to do more than provide legal remedies for violations of Convention rights. It hoped that the Act would introduce a culture of human rights in the public service, as the rights were ‘mainstreamed’ and became an intrinsic part of decision-making and planning in all parts of the public sector.
It is unquestionably factual that ethnic conflict is a compound trouble to deal with. The problem lies within the myriads of historical aspects of politics, economy, social class and history. Within all the opinions and perceptions, ethnic conflict can be inevitable or escaped if certain pre-emptive measures and constructive policies are being used. It is depend on people of any multi-ethnic country to make a conclusion whether to let their country to be engaged in conflicts or whether to reside in unity with equal rights and partnership to every