foundations Flashcards
rule
+ non legal rules, these are regulations/codes/policies
+ made by private individuals or groups in society
+ apply to specific group of people eg school, household
laws
+ legal rules made by legal institutions such as parliament or the courts
+ apply to society and are enforceable by courts and police
date of federation
1st January 1901
parliment
+ a parliament is a formal assembly made of representatives of people who are selected by the people to make laws with the exception of governor general who is appointed
significance of constitution
+ establishes parliament
+ established lawmaking powers of the Cth and states
+ establishes judicial role of the high court
+ establishes how constitution can be changed
social cohesion
a term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper
indicators of socially cohesive society
+ people can work and improve there education
+ indv. feel sense of acceptance and belonging
+ indv. treated fairly and not discriminated against
indicators of dysfunctional society
+ crime
+ recidivism / high reoffending
+ protests and unrest of citizens
how individuals promote social cohesion
+ not everyone is expected to know and understand
+ responsibility to follow the laws once they are aware of them
+ everyone doing there bit
how laws promote social cohesion
+ reflect the acceptable behaviours and values
+ set guidelines for what is acceptable
+ creates boundaries to protect indv.
how the legal system promotes social cohesion
+ by ensuring that institutions exist to effectively create, implement and enforce the law
+ institutions include parliament, police and the courts
fairness
all people can participate in the justice system and its processes should be impartial and open
impartial processes
all personal within the legal system must act in a way that is impartial to show no bias or discrimination
open processes
+ court processes must be transparent
+ open characters allow for media, reporters, guidelines for sentencing and regulations
participation
indv. must effectively participate in the legal system through being aware of charges against them , having time to prepare case, being aware of evidence against them
equality
all people engaging in the justice system should be treated in the same way, if the same treatment causes disparity of disadvantage adequate measures should be implicated to allow all to engage in the system without disparity of disadvantage
same treatment
+ formal equality
+ all individuals are treated the same and given same level of support regardless of different characteristics
different treatment
+ substantive equality
+ When the legal system treats people the same way and it causes disparity, disadvantage and hinders people from participating in the legal system so they need to be given extra support
access
all people should be able to engage with the justice system and its processes on an informed basis
engagement - utilise, interact with
informed - awareness of processes and procedures, awareness of rights
reflects societies values
a belief, principle or idea about how we should behave and treat others, its vital that they are acceptable to the community and society + must align with societal values