Just laws
- Bind everyone
- Able to be enforced
- Officially recognised
- Accessible
- In relation to public interest
- Reflective of rights and duties
Procedural fairness
There must be fairness in the process that resolves disputes
Natural justice
Everyone should be treated fairly in legal situations
Principles of natural justice
No bias rule, fair hearing rule
No bias rule
The right to have a decision made by an unbiased decision maker, including:
- No personal interest
- Demonstrate impartiality (inc. no perceived/apprehended bias)
Fair hearing rule
The right to be heard, including:
- The right to present views and facts to the decision maker
- The right of a defendant to know the accusations and see the evidence
Other principles of natural justice
- Fair decisions, based on established, public rules
- Transparency
- Equality before the law in treatment and access
The rule of law
- Everyone is ruled by the law and must obey it
- People are able and willing to be guided by the law
Characteristics of the rule of law
- EVERYONE is accountable
- KNOWN and ACCESSIBLE
- INDEPENDENT, IMPARTIAL and OPEN
- FAIR and PROMPT trial
- NO ARBITRARY ACTIONS
- PUNISHMENT DETERMINED BY THE COURT, ACCORDING TO LAW
Administrative law
The body of law that regulates the government’s decision making and government bodies
Private law
Law that governs the rights and relationships individual entities
Tort law
Law that governs the relationships between entities with no formal legal relationship (attempts to right civil wrongs)
Property law
Law that governs things that may be owned - tangible or not
Contract law
Law that governs/upholds the obligations set out in a binding legal agreement (contract)
Types of review (administrative law)
- Internal
- External
- Judicial
Types of torts
- Negligence
- Nuisance (public or private)
- Trespass
- False imprisonment
- Defamation
Common law system
Used by the US, AUS etc. and based on precedent and statute law in the English tradition, with adversarial trials
Civil law system
France, Russia etc. from codified rules and based on Roman law, with inquisitorial trials
