Formal justice (Procedural law) vs Substantive justice (material law) ILW1501
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- Опубліковано 28 вер 2024
- #UNISA #law #INTRODUCTIONTOLAW #ILW1503 #ILW1502
Justice
Definition - equality before the law
2 types of justice
• Formal justice (Procedural law)
o Important consideration is formal law (procedural) which deals with how legal proceedings need to be conducted. Formal law needs the following to achieve formal justice
Explicit rules to be laid down to show people how they should be treated in specific cases
Rules must be applied generally meaning must be applied to all people in the group under the same circumstances; and
Rules must be applied impartially by a legal institution meaning the judge may not be biased or apply rules unequally.
• Substantive justice (material law)
o Sometime formal justice may seem unjust
o Substantive justice considers the content of the rule and not the way in which it is applied.
o The content of the rule is looked at to determine whether justice of fair and just