What_Characterizes_a_Just_Law_

A just law is one that is good and fair according to universal principles. But what characterizes a just law' For a law to be just, it must be Acceptable, Enforceable and discoverable and impose the characteristics access, equity, fairness, equality and human rights for individuals in a society. For a law to be accepted in society, it must represent the morals, values and opinion of the vast majority of people within that society. This includes religious views if it can be accommodated in society’s law efficiently. In past years, shops and hotels would close down on Sunday in favour of the religious and family values of Australians. This is an example of natural law which is the idea that certain rules of nature are ordained by god or a higher being. It must also be enforceable onto all individuals. When a law is past, we trust that it will provide certainty and those that break these laws will be prosecuted. An example of the importance of enforcement of law is the Williams Vs Queen Case in 1978. At the time, it was illegal to possess any amount of marijuana but this cased proved the injustice of that law. In 1977 William was convicted for the possession of a small quantity of marijuana. However, even with the prohibited plant being declared with the Queensland Health act, the judges found that the amount was so minimal that it could not be used and therefore Williams won the case. This changed the Australian marijuana laws as the police could not enforce a law that so many individuals were flouting. For a law to be discoverable, the society must be in knowledge of how laws operate in any situation. Both the courts and parliament are open to the public in that they are either witness to or involved in the creation of a new law. Both laws and the manner in which they are applied should be open to public scrutiny. Open court hearings, the parliamentary system and media coverage of new and controversial laws allow the law to be fair. Accessibility is an important characteristic of just law. All law should be easily accessed by any individual and they should each have the same opportunity to defend themselves in a case. However, this is hard to impose as those with less money, power and education will often have less chance of receiving a good outcome in a case and equality is not always enforced. “If law is to be just, it should try to remedy inequalities that exist in society”. This statement refers to the characteristic equality. Equality means that every individual has the right to receive the same legal outcome in a similar case as any other individual. Taxation and anti discrimination laws aim to achieve justice. However some people still suffer including Aboriginals, Torres Straight Islanders, migrants and disabled. Equity is also a characteristic of just law. Equity aims to provide fairness and involves judging each case on its merits, all parties carry out what they agreed to and all parties’ intent will be closely examined in any case. Fairness is that idea of treating everyone equally and acting honestly with integrity. Everyone who commits the same crime will be given the same penalty. However the court has discretion to reduce the penalty depending on the circumstances. Natural justice ensures this by creating fairness in legal proceedings such as the right to be heard and present your version of the facts. Human Rights are basic freedoms, protected by law that is believed to be the basic to the well being of human beings. The Australian constitution guarantees certain human rights but we have not however had a human rights act passed in Australia.