Basic Legal Concepts Flashcards
What is Procedural Fairness?
Procedural Fairness refers to the principles used to ensure the fairness and justice of the decision-making procedures of court.
What are the main two principles of Procedural Fairness?
- Right to be heard (in a fair meeting)
- The right to have a decision made by an unbiased decision-maker - even the appearance of bias is enough to constitute a breach of natural justice.
What is the Rule of Law?
The Rule of Law states that everyone is entitled to procedural fairness when dealing with the legal system, and that laws must be known, published, accessible, and applied equally to all people.
What are the key elements of the Rule of Law?
- Rights of citizens are enforceable by court
- Laws should NOT be applied retrospectively
- The separation of power must be enforced.
What is Anarchy?
Anarchy is characterized by no laws or laws not being enforced, no evidence of governance by a recognized authority, unrestrained corruption, and no justice.
What are the characteristics of Tyranny?
Tyranny usually involves ignoring the rule of law, ignoring procedural fairness, ignoring separation of powers, and denying free voting rights.
What is Equality?
Equality means that all people in society are treated in the same way with respect to rights and opportunities, and that no-one suffers an advantage.
EQUAL TREATMENT
What are examples of lack of Equality in Australian Society?
Examples include issues faced by women, same-gender marriage, and split-parent custody where children were often given to their mother.
What is Fairness (equity)?
Fairness is freedom from bias, dishonesty or injustice; a concept commonly related to everyday activities.
EQUAL OUTCOMES
What are examples of lack of Fairness in Australian Society?
Examples include challenges faced by young people in the workforce, refugees and asylum seekers, people with cognitive disabilities, and those with mental health impairments.
What is Access?
Access is the right or opportunity to make use of something, including access to legal information, proper representation, timely justice, and physical access to the legal system.
What are examples of lack of Access in Australian Society?
Examples include issues faced by people with disabilities, Indigenous Australians, children and young people, elderly people, and those in rural areas.
What are ethics?
Ethics tell people the correct way of behaving in a certain situation.
What are values?
Values are society’s way of prioritising the importance of different moral choices.
There are NO punishments for not having or following certain values.
What is a ‘JUST’ law?
A ‘JUST’ law is widely accepted.
What is a characteristic of a ‘JUST’ law?
A ‘JUST’ law is known to the public (or easily found/accessible).
What does a ‘JUST’ law provide?
A ‘JUST’ law should provide stability and predictability.
What is a flexibility requirement of a ‘JUST’ law?
A ‘JUST’ law is flexible enough to provide justice in different situations.
What does a ‘JUST’ law allow?
A ‘JUST’ law allows for different levels of severity.
What is required for a ‘JUST’ law?
A ‘JUST’ law follows the requirement of procedural fairness.
What does a ‘JUST’ law uphold?
A ‘JUST’ law upholds and protects human rights.
What is a temporal characteristic of a ‘JUST’ law?
A ‘JUST’ law is not applied retrospectively.
What is a moral principle of a ‘JUST’ law?
A ‘JUST’ law is utilitarian.
