Module 5 - Liberalism, Democracy, Justice Flashcards
Liberalism
Emphasises liberty/rights of the individual over the constraints imposed by society or state
US strong liberal nation
Freedom to choose, least interference by gov, freedom of speech
Gov administers social contract (constitution, bill of rights)
Democracy
Political system that emphasises equality and fairness under a gov elected by the people
Sweden/Norway strong democratic tradition (strong healthcare, education, parental leave)
Expectations that gov will provide services
Gov acts in nation’s interest
Preventative justice
System of measures taken by gov to preventing crime
Balance btw legitimate scope and limitations I.e. obligation in gov to protect its citizens but there are risks inherent in gov exercising its preventative function
Tensions btw liberalism and democracy
Protecting the rights of many means placing limitations on the liberty of the individual
Right to trial by jury
Constitutional right (s 80)
Principle of democracy - due process and transparency/open justice
System must be comprehensible by general public and the accused and must be impartial and just
Disadvantages of trial by jury
Getting it wrong Not always representative Lack legal expertise Need for unanimous verdict leads to hung jury Juror prejudice
Separation of power - aims
Separates power into three arms
Aims to restrain gov power and puts in place system of checks and balances
Rule of Law
Society is ruled by laws not power
No person is above the law
Often linked to equality, liberty, justice and sometimes human rights
Governments are subject to law - law is the highest form of power in the land
Due process = key principle
What it justice?
No def but associated with equality, rights, fairness
Refers to justice FOR offender, general public, victims (and families)
Justice AS equality, fairness, restorative,rehabilitation, retribution/punishment
Due process
‘Natural justice’
Individuals must be treated fairly in their interactions with the CJS
Barriers to accessing justice
Affordable legal representation
Availability of services
Procedural vs substantive justice
Procedural = was the process fair?
Substantive = was there a just outcome?
Liberal democracy
Political system in which democratic gov is constrained by liberal-inspired constitutional arrangements, political practices and popular expectations that limit scope and capacity of the gov sector
Just society…
Liberal democracies aim to create just society but differ over how:
Liberal = prioritise individual rights over collective or community needs
Democratic = concerned with collective wellbeing - the common good
Explicit Rights protection in the constitution
- freedom of religion (s116)
- trial by jury (s80)
- free from discrimination on basis of state (s116)
- acquisition of property on just terms (s51[31])
