Criminal Justice Systems Development

Description from a Historical and Cultural Perspective

            The two countries that were selected are Australia and Canada. Canada is a nation located on the Northern part of the North American continent and can best be described, from a historical standpoint, as a nation of nations. The history of the Canadian nation is one that is dominated by two powerful colonial forces – Great Britain and France (Lemieux, 2016). However, over time, Great Britain emerged as the single most influential political and cultural force in Canada exemplifying the considerable cooperation and compromise onto which the Canadian culture and social identity has been founded. Despite Great Britain remaining as the all-powerful cultural influence, such dominance exists in a system of joint cultural identity with French and Aboriginal Canada (Lemieux, 2016). The nation was colonized by Great Britain, and despite the French presence still holding a strong cultural identity, the national identity of the nation remains largely allied to English ways.

Australia. On the other hand, is an Island continent on the Southern Hemisphere which, like Canada, traces its emergence from Great Britain. The nation emerged as a penal colony of Great Britain, but over the years its national culture has been shaped and transformed through immigration and race relations (Rickard, 2017). The British invasion of the continent led to a domination, by force, of the indigenous population and cultures. The colonial period was characterized by a general history of racism and discrimination, but benevolent policies in later years led to the assimilation of aboriginal populations into the mainstream culture. The assimilation ideology had a great influence on the culture and national identity of the nation as it permeated relations with both indigenous populations as well as immigrants thereby fostering the development of one of the most culturally diverse nation in the world (Rickard, 2017).

The Legal Tradition Employed by Each country

            Legal tradition is a term that connotes the historical dimension of a particular legal framework. A more precise definition of legal tradition is “a set of deeply rooted and historically conditioned attitudes regarding the nature of law, the role of law in the society and the polity, the proper organization and operation of the legal system, and the way law is or should be made, applied, studied, perfected, and taught” (Duve, 2017). Although there are hundreds of legal traditions across the world, the four major legal traditions that are utilized by many nations of the world are;

1. Common law tradition
2. Civil law tradition
3. Eastern Asia tradition, and
4. Islamic tradition

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The Australian legal system follows the common law tradition with a strong emphasis on power separation between the legislature/executive and the judicial arms of government (Boyle, 2015). Common law is a legal tradition based on judicial precedence where law cannot be found on any code but rather in past judicial decisions (Reichel, 2017). As a common law system, the two major sources of law include legislative action by parliament and case law by the judiciary. Canada, on the other hand, has a legal system that is based on both common law and civil law. Under the common law tradition, the system of rules is based on precedence rather that written down rules, and can be adapted to fit with the changing circumstances. The civil law tradition, on the other hand, is only practiced in the province of Quebec and contains of comprehensive statements of rules and regulations. It entails first looking at a civil code before referring to previous decisions to see whether they were consistent

Impact of History, Culture, and Legal Tradition

The criminal justice system in any country plays a vital role in ensuring the overall wellbeing, safety, and productivity of the citizens of that particular country. The criminal justice systems work to ensure the creation of a society that is law-abiding and with a fair system of justice that is efficient and accessible. In addition, through the efforts of the criminal justice system, people feel safe in their communities and have improved quality of life, productivity, and prosperity. The modern system of criminal justice in both Australia and Canada has undergone significant transformations that are as a result of various evolutionary changes within the society. The history, culture, and legal traditions of both countries have had major influences on the various mechanisms that have been developed to institute and enforce the rules of society.

Common law is a tradition which emerged in Great Britain during the middle ages and was applied across British colonies in different continents while Civil law also emerged at the same time in continental Europe and was applied to colonies of Imperial European nations such as Spain, Portugal, and France (Vranken, 2015). Looking at the legal systems in both Australia and Canada, it is clear that it has been greatly influenced by history, culture, and the legal tradition. The history, culture, and legal tradition of Australia is heavily influenced by English ways given that Great Britain was its colonial masters. On the other hand, the history of Canada, its culture, and legal tradition is also heavily influenced by its colonial masters – Great Britain and Canada – both of whom played an integral role in shaping the history and culture of the country. The common law traditions in both countries is directly inherited from Great Britain while the civil law tradition in Canada emanates from the French influence.

References

Boyle, L. (2015). An Australian August Corpus: Why there is Only One Common Law in Australia. Bond Law Review, 27(1). 48-56. http://epublications.bond.edu.au/blr/vol27/iss1/3

Duve, T. (2017). Legal traditions: A dialogue between comparative law and comparative legal history. Comparative Legal History, 6(1). 15-33. https://doi.org/10.1080/2049677X.2018.1469271

Lemieux, D., & Recorded Books, Inc. (2016). Canada – Culture Smart! The Essential Guide to Customs & Culture. SAGE: Kuperard.

Vranken, M. (2015). Western legal traditions: A comparison of civil law and common law. Annandale, NSW: The Federation Press

Reichel, P. (2017). Comparative criminal justice systems: A topical approach. New York Pearson

Rickard, J. (2017). Australia: A cultural history. Clayton, Victoria, Australia Monash University Publishing Berlin Knowledge Unlatched