legal foundations Flashcards

1
Q

Must be clear and understood

A

The law must be written in a way that people understand it and what they need to do to abide by the law

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2
Q

Five main characteristics of an effective law:

A
Laws must reflect society’s values
Laws must be enforceable
Laws must be known
Laws must be clear and understood
Laws must be stable
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3
Q

stable

A

If the law is constantly changing, how do citizens know what the law is their responsiblities and rights
Laws should be consistent and should remain constant as much as possible (although they still need to adapt to changing values and needs of society)
Our Constitution is a good example of a stable law. There are systems in place to make it even more difficult to change than other laws i.e. by referendum

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4
Q

enforceable

A

It must be possible to catch and punish people who break a law – if not, people will be more inclined to break the law.

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5
Q

known

A

Citizens cannot abide by law if they don’t know what the law is.

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6
Q

Reflect society’s values and be accepted

A

If laws don’t reflect the values and beliefs of the community, they are more likely to break the law
Members of society will be more inclined to follow laws the reflect current values.

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7
Q

what are the 3 principals of justice?

A
  • Fairness
  • Equality
  • Access
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8
Q

Explain the role of the legal system in achieving social cohesion.

A

The legal system plays an important role in achieving social cohesion. The Legal system ensures laws are made that protect citizens rights and that control behaviour. By offering transparent and consistent practices, the legal system ensures rights are protected. The legal system, including police and the courts ensure that laws are enforced, meaning that those who disturb social cohesion are prosecuted and face consequences. This ensures that peace and social cohesion is maintained and a harmonious society is maintained by the role the legal system plays.

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9
Q

Fairness

A
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10
Q

Equality

A
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11
Q

Access

A
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12
Q

social cohesion

A

a functioning society consists of people who are unified, feel a sense of belonging and who have opportunities in work, education and their social life. Their rights are also adequately protected, reflect society’s values

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13
Q

social cohesion

A
  • the role of laws
  • the role of inviiduals
  • the role of the legal system
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14
Q

role of laws

A

protects right of individuals, fundamental guideline, acceptable/unexceptbale behaviour, applies to evyeone, upholds rule of law, helps with in the settlemnt of disputes, states what we can and cant do

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15
Q

role of individuals

A

aware of the laws, expectation to respect human rights, humans must use legal system to their adavntage , results in a cohesive society, obey the laws

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16
Q

role of the legal system

A

makes the law
administers the law
enforces the law
courts, tribunals, enforcement bodies and police
society functions effectively
avoids further conflict to society
fair treatment with individuals who broke the, breached another’s rights.