Critically evaluate the adversarial system and to indicate whether any improvements, based on alternative systems, can be implemented in order to enhance the effectiveness of our court system.
The Australian Court System is based upon the adversarial system. This system aims at achieving justice and fairness and establishing the truth in all litigations. The adversarial system is essentially a party process. It involves a two sided contest between prosecution and defendant in a judicial area.” (Newman D, source 1)
Nevertheless the adversarial system is doubted by the public on its ability in establishing justice at all costs. In this essay, these points with be evaluated and compared to the inquisitorial system in order to propose potential improvements based on this system will be offered. The inquisitorial system allows the judge unrestricted access to evidences in order
Secondly parties without representations or inequality of capability in legal representation can not be guaranteed a fair trial.
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