When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision - HSC - SSCE Legal Studies - Question 12 - 2002 - Paper 1
Question 12
When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision.
(B) When a judge makes a decision that ref... show full transcript
Worked Solution & Example Answer:When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision - HSC - SSCE Legal Studies - Question 12 - 2002 - Paper 1
Step 1
A) When a judge allows for individual differences in determining a decision.
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This statement suggests that justice can vary based on individual circumstances, which may lead to subjective interpretations of the law. This approach can undermine the consistency required for a just legal system.
Step 2
B) When a judge makes a decision that reflects his/her cultural values and ethics.
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This statement indicates that personal beliefs might influence judicial decisions, which could result in bias and an inconsistency that is contrary to the principles of justice.
Step 3
C) When a judge applies the law equally to those appearing before the court without exception.
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This is the hallmark of a just legal system. Equality before the law ensures that all individuals receive the same treatment regardless of personal attributes or circumstances.
Step 4
D) When the main considerations in reaching a decision are the time and the cost of the court process.
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This perspective prioritizes efficiency over fairness, which can compromise the quality of justice delivered. A just legal process should focus on the merits of the case rather than procedural expediency.
