Legal Studies-1.1

Social Cohesion & Individual Rights

Key Knowledge:

The roles of individuals, law and the legal system in achieving social cohesion and protecting the rights of individuals.

Social Cohesion: a term used to describe the willingness of members of a society to cooperate to survive and prosper.

  • cooperation, common goal, ensure well-being, minimise disparities and marginalisation

Individual Rights: are legal, social, or ethical principles of freedom or entitlement that belong to a person.

  • education, bodily rights, freedom of religion, voting, etc.

  • people living with dignity, justice, equality, fair treatment, etc.

Principles of Justice

Key Knowledge:

  • Fairness

  • Equality

  • Access

Fairness:

All people can participate in the justice system, and its processes should be impartial and open.

→ Three Main Features:

  • Impartial Processes: based on facts rather than. biases

  • Open Processes: transparency; open courtrooms

  • Participation: all people should be able to participate in a case

→ Types of Power:

  • Judicial: those who execute laws in courts (judges)

  • Legislative: those who come up with the laws (parliament)

  • Executive: those who enforce/delegate the laws (government)

Equality:

  1. All people engaging with the justice system and its processes should be treated in the same way. (formal)

  1. If the same treatment creates disparities or disadvantages, adequate measures should be implemented to mitigate against power imbalance. (substantive)

Access:

All people should be able to engage with the justice system and its processes on an informed basis.

eg. education, language, location, etc.