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.
different ways of making laws
taking account of overarching principles such as a Constitution or agreed human rights
underpinning the entire governance structure of a country
contract law cases, libel and defamation are initiated by individuals
police behaviour has aroused public concern, so reform is needed
judges and magistrates, working in law courts, determine appropriate punishments
punishment, rehabilitation, deterrence, compensation, and the protection of society
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.