W100 law essays

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W100 law essays

But looking at it more rationally possibly, I think the system is just in two ways.

W100 law essays

So administratively, procedurally just and just in terms of the outcome. There are questions beyond that to do with what is, what people might sometimes call, you know, ultimate forms of justice to do with overarching ideas of religion or morality with which people can look at the laws of a legal system and judge whether those are good or bad laws or should be obeyed or not be obeyed.

Well no legal system is perfect because any legal system is run by people and therefore is necessarily going to be flawed in some respects. But in my view, one of the most important factors in a just legal system is a judiciary that is independent from the government.

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In addition to that I think I would say that a good test of whether a legal system is just is to look at how it treats the pariahs in society, the paedophiles, the terrorists. And that guarantees fairness for all citizens. Principles of natural justice pertain across the board so whether in criminal proceedings or other proceedings, civil, and principles of natural justice include that proceedings should be transparent, that a judge should show no bias and should have no vested interest in the end outcome, and also that there should be parity drawn between the parties.

So that should pertain. Mr Justice Calvert Smith: I think the key element of the just legal system must be an independent judiciary. Judges who are free to make decisions according to what the law requires without pressure being put to bear on them by, for instance, the government, by financial constraints, by pressure from the media or as it might be.

That is a result, I believe, of the fact that the feeding area as it were, the seed bed for judges has been the independent bar and its culture of independence and independent advice.

So the first essential independent judiciary. Justice must always be within the context of a democracy the proper outcome according to the law and evidence.

In order for that to happen a number of things need to be established. If the system ever got to the stage where in order to protect itself it did not allow appeals in order not to seem fallible, then again the system would be failing.

I see no sign of that. The Court of Appeal, whether in civil jurisdiction or criminal jurisdiction, and certainly the House of Lords or the new Supreme Court as recent decisions have indicated are entirely independent and prepared sometimes to be highly critical of the decisions made by people who are sometimes colleagues and even friends of theirs.

The content of laws is constantly changing and there are always social and political arguments about what those should be.

W100 law essays

Those things include a properly working doctrine of precedence. And adoption of precedent operating properly is a very important precondition of justice according to the law being delivered to citizens.

Another key element of course is access to justice.Warwick Law School is one of the leading law schools in the UK, and is renowned for its high quality teaching and research. The School emphasises a contextual approach to, and international and comparative perspectives on, the study of law.

Tort law serves to put the victim back in the position they were in before the said injury. Contract law can order to relinquish a contract. Therefore it would be incorrect to simply say that the differences of civil sanction and criminal sanctions are civil law only compensates and criminal punishes.

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The tradition view of the law making process is that Parliament makes law through Acts of Parliament and delegated legislation and judges merely apply it in court to the cases presented before them.

National Law on the other hand is the Law within the state. It governs the behaviour and actions of legal persons within the state. 1.

Common Law and statutory Law are two classifications of sources of law in the common law system followed by most countries.

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