What Is A Just Law

Legal Studies Assignment
Part a)
Just laws

A just law is a fair law, as in, a law which is put into practice to make sure everyone is treated in the same legal manner in any situation. In relation to equality in the legal system, we need to have a fair system where all people are treated in a fair and just manner, that is, in an equal manner that reflects the values of the society. A just law has many different characteristics to make it fair – it is equal for everyone, it is based on widely held values, it is utilitarian, it aims to redress inequalities and it must minimize delays. All of these characteristics are set in motion to make just laws fair and in equality.

For example, a just law is; no one can be fired from a job based on religion, colour or sex. This is a just law, as everyone should be treated on how they perform or on how they cope with the job as opposed to what race, colour or sex. An unjust law is women are not allowed to vote. This unfair law is still being used and it is an unjust law as everyone should have the same right to vote, whether your male or female, everyone’s voice is important.

Part b)
Australian Contemporary Law

The main three parts of the Australian Contemporary Law are:

Common law
Statute Law
Constitution Law

What is common law?
Common law, also called Anglo-American law, is the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth (formerly the British Commonwealth of Nations). In this sense common law stands in contrast to the legal system derived from civil law, now widespread in continental Europe and in Australia.
When an issue goes to court and there is no statute that covers it, a judge will hear the case and issue a verdict. The record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty previously issued. Previous judgments therefore form the basis for common law.

The advantages of Australia having common law is; to provide a means for dispute resolution even when there is no relevant statute law covering the precise dispute, it allows legislators to leave some flexibility in statute law, rather than having to come up with incredibly complex legislation that deals with every possible combination of circumstances, it allows the law to evolve as society evolves, common law ensures consistent treatment of similar cases (just) and signaling to parties involved in a dispute how the Court is likely to treat their dispute, hopefully avoiding the need for litigation.
Statute Law

Statute law is the law made by parliament. It is also known as ‘legislation’. In Australia, any parliament has the power to make statute laws. This means that state, territory and federal governments all have the right to make laws.
Both State Parliament and Federal Parliament have the power to pass laws within their jurisdiction (area of influence). Each State looks after aspects of government such as roads, transport, hospitals and education, which is why laws for these areas differ from State to State. The rules to obtain a driver's license, such as the age a driver can obtain the license and the length of the provisional license

Show More

Related Documents: What Is A Just Law

Business Journalism in India Essay