- The most basic and important ideal of our legal system is justice.
- There are two dimensions of justice. These are formal justice and substantive justice.
- Formal Justice:
- Requires decisions be made in a non-arbitrary and consistent manner
- Established legal rules must be followed
- No person shall be regarded to be above the law
- Every person of whatever rack or status is subject to laws of the land
- There should be no arbitrary exercise of state power
- This requirement generally includes:
- No one can be punished except for a distinct breach of a pre-established law.
- Rules must be established before hand. If this is not done it is called retroactive application of law – making it illegal after the person has acted.
- Pre-established laws must be publicly announced and relatively clear. Once this is done, “ignorance of the law is no excuse.”
- Deciding whether or not the law has been breached should be done in an impartial manner.
- Legal rules and not personal prejudices of judges, should determine what people deserve in a particular situation.
- The judge is responsible for determining the most defensible legal resolution of the case in light of all the appropriate legal considerations.
- Judges must treat similar cases in a similar way – doctrine of precedent
- Substantive Justice:
- The rules themselves must be just.
- Democratically elected governments are expected to make laws that promote values reflecting the wishes of the majority of citizens
- Lobby groups can also influence legislative process
- Minority rights are protected through constitutional rights as set out in the Charter (sections 1 and 33 place limitations on the protection offered.)
