5.2 Elements of the Legal System

The elements of the legal system include the making and enforcement of laws; several aspects are politically contentious.

5.2.1  Sources of Law

different ways of making laws

5.2.2  Judicial Interpretation of Laws

taking account of overarching principles such as a Constitution or agreed human rights

5.2.3  Constitutions and Underlying Secondary Rules

underpinning the entire governance structure of a country

5.2.4  Cases Brought by an Individual: Contract Law and Torts

contract law cases, libel and defamation are initiated by individuals

5.2.5  Law Enforcement

police behaviour has aroused public concern, so reform is needed

5.2.6  Sentencing Lawbreakers: Courts and the Judiciary

judges and magistrates, working in law courts, determine appropriate punishments

5.2.7  The Objectives of a Penal System

punishment, rehabilitation, deterrence, compensation, and the protection of society

5.2.8  The Separation of Powers

government or Administration, legislature, and courts should be separate

Following on from this, the next segment examines the subsidiarity of the law – which also contains politically sensitive aspects.



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