Legal Snapshot: Reasons for a Court Hierarchy

Abstract

As Australian citizens we have inherited a legal system shaped by the historical events of the 17th century in the United Kingdom and the writings of some natural law philosophers who wrote about social organisation. The historical events centred on a power struggle between the king (the executive) and parliament and were influenced by the writings of Hobbes and Locke who believed that a social contract could be negotiated between the ruler and the ruled. These theories developed into what is now known as liberalism i.e., a society that assumes that governments should protect the individual - their life; their ability to engage in commerce, and their right to private property. This understanding of government is informative on how our institutions are structured and operate to ensure that an individual's rights are central and take precedence over collective concerns.