Unit 3: Rights, Justice and the Victorian Court Hierarchy
Core concepts
Unit 3 examines how Victoria's legal system balances the rights of individuals with the collective interests of society. You must know the distinction between legal rights (created and enforceable by law) and human rights (inherent to all people), and how the Victorian Charter of Human Rights and Responsibilities operates: it requires courts and public authorities to act compatibly with human rights and allows courts to interpret statutes consistently with them, but it does not allow courts to strike down legislation. Parliament remains sovereign.
You also need the court hierarchy - Magistrates' Court, County Court, Supreme Court (Trial Division and Court of Appeal), and the High Court of Australia - and the reasons for it: specialisation, appeals, precedent and administrative convenience. Understand original versus appellate jurisdiction, and the doctrine of precedent: ratio decidendi binds lower courts, obiter dicta does not. Also revise courtroom participants (judge, jury, parties, legal practitioners) and their roles.
Traps
- Confusing the power to interpret the Charter with the power to invalidate legislation - only the High Court can declare Commonwealth legislation inconsistent under the Constitution.
- Assuming precedent is always binding; distinguish binding ratio from persuasive obiter and from decisions of courts outside the hierarchy.
- Mixing original and appellate jurisdiction in the same court - the County Court has both, the Court of Appeal only appellate.
- Confusing legal aid, community legal centres and pro bono services when asked about access to justice.
Worked rule of thumb
When a question asks whether a lower court must follow a higher court's statement, ask: (1) Is it in the same hierarchy? (2) Was it part of the ratio? (3) Has it been overruled or distinguished? If all three favour bindingness, the precedent applies.