The adversarial system, also known as the adversary system, is the legal system used in Australia and other common law countries. It is a system that is based on the principle that the truth will emerge when two opposing sides present their cases before an impartial decision-maker, such as a judge or jury.
In the adversarial system, each side is responsible for presenting their own case, and the decision-maker determines the outcome based on the evidence and arguments presented by both sides. This is in contrast to the inquisitorial system, where the decision-maker actively investigates and gathers evidence in order to reach a decision.
The adversarial system is based on the principle of fairness and the belief that individuals have the right to defend themselves and present their side of the story. It also allows for the exploration of all possible viewpoints and the consideration of all relevant evidence in order to reach a just outcome.
One of the key features of the adversarial system is the concept of "innocent until proven guilty." This means that an individual is considered innocent until the prosecution is able to prove their guilt beyond a reasonable doubt. This principle is designed to protect the rights of the accused and ensure that they are not unfairly convicted.
The adversarial system is used in both criminal and civil cases in Australia. In criminal cases, the prosecution and the defense present their cases and the judge or jury determines the guilt or innocence of the accused. In civil cases, the parties involved present their cases and the judge or jury determines the outcome and any damages that may be awarded.
The adversarial system can be seen as a way to balance the power between the parties involved in a legal dispute. It allows for both sides to have a voice and to present their case, and it gives the decision-maker the opportunity to consider all of the evidence before reaching a decision. However, the adversarial system can also be seen as adversarial, as it is often confrontational and can be costly and time-consuming for all parties involved.
Overall, the adversarial system is an important part of the legal system in Australia and other common law countries. It is based on the principle of fairness and the belief that individuals have the right to present their case and defend themselves. While it can be adversarial and costly, it is designed to ensure that the truth emerges and that justice is served.