Basic Legal Concepts

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Rule of law - protects citizens from abuse of power.

Laws - apply to all society, made by parliament and judges.

Rules - tell society what is and isn't allowed.

Customs - are traditions developed by society over time.

Values - laws should reflect values of society, shape a persons behaviour

Ethics - Choosing between values - ethically right. Values and ethics should reflect changes in society.

For a law to be valid, it must be just

C - current, not retrospective

A - accepted by most citizens, a reflection of ethics/ values

K - known, citizens must know what they are

E - enforceable- enforced and policed.

S - same, based on the notion of equality, treated the same before the law

nature of justice:

Task of the legal system to ensure the law provides EQUALITY, FARNESS and equal ACCESS to all society.

equality - All societies have equal rights, treated the same before the law, same rights regardless of age, sex, religion

fairness - just outcomes free from bias, impartiality, dishonesty, fraud and injustice. No one should have greater advantage

access - possible to communicate and use the law. Justice isn't achieved if you don't have access.

justice - all individuals should be treated equally before the law

anarchy - Rule of law is absent resulting in a state of chaos /disorder. absence of gov/ leadership.

procedural fairness

There must be fairness in the process that resolves disputes.

It was developed to make sure everyone gets a fair hearing.

1. The accused has the right to know the truth.

2. Everyone has the right to be heard.

3. Courts must treat everyone fairly.

4. Evidence should be used to support decisions.

5. Hearing Rule – Know the charges and be present in court.

6. Bias Rule – The decision-maker is not biased.

tyranny - Use of absolute power by a ruler/ government Regards to arbitrary power