Legal Foundations - L2 Principles of Justice

Question 1

List the 3 principles of justice.

Answer 1

Fairness
Equality
Access

Question 2

Define ‘fairness’

Answer 2

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

Question 3

Regarding the principle of fairness, what does ‘impartial’ mean?
Provide one example.

Answer 3

Showing no bias towards or against any party. A case must be decided on facts and law only as opposed to personal bias towards a party involved in a case.
Eg. A case is presided over by an impartial judge.

Question 4

Regarding the principle of fairness, what does ‘open’ mean?
Provide one example.

Answer 4

Legal processes must be open and transparent. This allows the community to scrutinise legal processes and the media to report on legal processes.
Eg. The public are able to sit in the courtroom in the public gallery and watch court proceedings.

Question 5

Regarding the principle of fairness, what does ‘participation’ mean?
Provide one example.

Answer 5

All people should be able to participate in a case.
Eg. People should have the opportunity to engage a lawyer so that they can participate in a case.

Question 6

Define ‘equality’

Answer 6

All people engaging with the justice system and its processes should be treated in the same way.
*If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

Question 7

What does ‘formal equality’ mean?
Provide one example.

Answer 7

Formal equality is where parties are treated the same.
E.g. Both parties have access to legal representation.

Question 8

What does ‘substantive equality’ mean?
Provide one example.

Answer 8

Substantive equality is where a party is treated differently to ensure there are equal outcomes.
E.g. A person who does not understand or communicate in English may need an interpreter. This ensures that the person is treated equally and without discrimination.

Question 9

Define ‘access’

Answer 9

All people should be able to engage with the justice system and its processes on an informed basis.
This means that people should have the means and ability to use and participate in the legal system.