Rights And Responsibilities Flashcards
What laws does a society require and why?
The fundamental principles of law= every person no matter who they are us subject to the law and every person should be treated equally
The idea of legal certainty
All laws in the uk must be applied in a precise and predictable manner.
What must citizens believe about the law
Citizens must believe that the law is fair so they are more likey to obey it
The laws are properly enacted and clear in their purpose
Laws are formally agreed and the purpose of any law is clearly set out
Laws should be clear in their intention
That there is equality and fairness in the law
Every person should be allowed equal access to the legal system
The law applies to ever person equally
The law cannot be retrospective
You cannot be tried for an action that was unlawful at the time
This provides citizens with the certainty about the law
That there is due legal process
The judicial system must operate as laid down in the law
What do you have the right to do at a trail
A right for a fair trial, the right to defend yourself and represent if found guilty the right of appeal
What is justice
Fairness
Equality
+due process
What is justice based on
It is based on your behaviour about what is morally right and fair
Presumption of innocence
A person brought before court is presumed as innocent
They just prove their innocence
Trial by jury
Jury decides guilty or innocent
12 members must agree together.
Access to justice
Anyone has the right to be able to aces the justice system
How can citizens take part in the judicial process
They can be apart if the jury
Rules
A way a group or organisation operates
Laws
A way in which a society is regulated
What are rules and laws used for
Used for dealing with complex problems, fairness, and equality
Russia and the European Court of human rights=
2022= Russian memberships in the European council was suspended in march 2022 because of the invasion of Ukraine by Russia
Example of the Universal Declaration of Human Rights
United Nations (set up after ww2 1945)
What is the United Nations used for
Agreement on the human rights for all people
The European convention on human rights
1950= European council decided on the European convention
Rights verse responsibilities
Balance between power of the state and the rights and duties of the citizens
Race relations Acts
1965, 1968, 1976 and 2000
Equal pay act
1970
Sex discrimination
1975 and 2002
Disability discrimination
1995 and 2005
Equality acts
2006 and 2010
What are citizens rights responsibilities within the legal system
Operation of the justice system= has five parts
What are the parts of the operation of the justice system
The police
Judiciary
Tribunal dispute and resolution
Legal representatives
Criminal and civil war courts
Roles of police
Uphold the law fairly and firmly
Prevent crime and pursue justice to those who break the law.
Keeps the kings peace
Protect and reassure and help the community
Roles of police constable
Work within the community
Preform administrative duties
Carry out investigations
Powers of the police
Stop and search= police can stop and search you if they are suspicious that you are carrying around: illegal drugs, weapons, stolen property.
Power of arrest
Police need reasonable grounds to arrest a person that has been suspected of committing a crime.
Police must tell the person why they are being arrested
Entry search and seizure
Police need a warrant from the court before they can search a property
Example= Police and Criminal evidence act 1984. (PACE)
Important information
The uk doesn’t have a national police force
The police service is operated in a regional way
There are 43 distinct police forces in the uk
The role of the judiciary
Administer justice according to the law
Pass sentences on criminal cases
Make decisions in civil law cases
Preside over court proceedings
Judges ensure that a court case follows agreed rules
Interpret and apply the law
Judges have to interpret the law as drafted by parliament and apply it to the case under consideration
Create case law
Where the law is unclear, judges have to make rulings
Decide sentencing
Judges determine the sentence following the jury’s decision
Powers of the judiciary
Can interpret the law
Power to control hearings and trials in their courtrooms
Following a decision by a jury they alone have the power to determine the sentence given
