The Principles of Justice (VCE SSCE Legal Studies): Flashcards
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3 principles of justice in Victorian legal system
3 principles of justice in Victorian legal system
Fairness, Equality, Access
Fairness (justice principle)
Fairness (justice principle)
All can participate; processes impartial & open
3 key features of fairness
3 key features of fairness
Impartial processes, open processes, participation
Apprehended bias
Apprehended bias
Fair observer might believe decision-maker may not be impartial
Full disclosure requirement
Full disclosure requirement
Must disclose all evidence, even if it undermines own case
Formal equality
Formal equality
Treating everyone exactly the same regardless of characteristics
Substantive equality
Substantive equality
Treating people differently when needed to achieve true equality
Equality (justice principle)
Equality (justice principle)
All treated same; if disparity, measures to remove disadvantage
Access (justice principle)
Access (justice principle)
All can engage with justice system on informed basis
Victoria Legal Aid (VLA)
Victoria Legal Aid (VLA)
Govt agency providing free legal advice to community members