STUDY UNIT 4

Question 1

Only rules of…

Answer 1

only rules of law can be enforced by a state.

Question 2

PURPOSE:

Answer 2

1. peaceful co-existence
2. applicable to all members of the society.
3. rules are determined by properly elected representatives of the people

Question 3

THE SOCIAL NATURE OF LAW:

Answer 3

the social nature of law reflects the ideologies, values and attitudes of those enforcing them.

Question 4

FUNCTIONS OF THE JUDICIARY:

Answer 4

1. To solve disputes by determining what the law is and how it should be applied.
2. The courts have a limited law-making function.
3. By interpreting the laws of the Constitution, it fulfils the function of legitimizing the state.
4. The judiciary monitors the government through separation of powers and a system of checks and balances.
5. The judiciary protects minority rights that are often overlooked.

Question 5

Judges can be political either through:

Answer 5

1. Internal bias
2. External bias

Question 6

INTERNAL BIAS:

Answer 6

is caused by the judges’ preferences and sympathies, notably those that interfere in the judicial decision-making process.

Question 7

EXTERNAL BIAS:

Answer 7

is caused by the influence from the institutions outside of the judiciary
eg. political parties

Question 8

PRIVATE LAW:

Answer 8

governs the relationships between the subjects of the state.

Question 9

PUBLIC LAW:

Answer 9

regulates the relationship in which the state in exercising government authority, is always a party.