Legal Studies Essay- Rule of law

Law is necessary for the effective operation of a society as it ensures the protection of a population and certifies that justice is fair. The law is essential as if it was non-existent, society would descend to anarchy. The law is in place to protect the whole of society, especially weaker individuals or groups within a community. Another reason that law is fundamental, is it provides equity and fairness within society; however, this is not always accurate as a number of aspects can result in an inequality such as an individual’s financial status, or a language barrier. This can be supported through various media files regarding legal processes, concepts and outcomes.

One reason law is essential to the efficient operation of a society is that it provides a consistent, fair and just way of governing a community. It is extremely important that every member of the community has a fair trial and course of justice, as well as the idea that no one is above the law, and no person is allowed to take justice into their own hands, as outlined in Dicey’s rule of law. This is demonstrated through the case study of Simon Gittany. Gittany was accused of murdering his fiancée. He received procedural fairness as he had the charges he was accused of made aware to him, a judge was present to sentence him and he was given the right of a fair trial. Further from this, Gittany requested a judge-only trial, or a trial with the absence on a jury, due to the high media speculation that surrounded the case. This ensured that the verdict was just, as a jury may have been susceptible to the influences of the media, rather than a judges’ impartial viewpoint. This example highlights the law’s fair and just nature, however, the legal system and a judicial decision may not always fair due to factors such as financial status, a language barrier, insufficient or new evidence arising or high media coverage of a case. The issue of financial cost can influence the accuracy of a verdict as legal

Bibliography: Bibby, P. 2013. DPP appeals against Kieran Loveridge sentence over Thomas Kelly king hit death. [online] Available at: http://www.smh.com.au/nsw/dpp-appeals-against-kieran-loveridge-sentence-over-thomas-kelly-king-hit-death-20131114-2xjfl.html [Accessed: 8 Mar 2014]. Marcus, C. 2013. Man murdered toddler after argument with boy 's mother, court told. [online] Available at: http://www.abc.net.au/news/2013-08-20/man-stands-trial-accused-of-murdering-toddler/4900192 [Accessed: 8 Mar 2014]. Samuels, J. 2013. Jill Meagher Killer Sentenced To Life In Prison. [online] Available at: http://news.sky.com/story/1105482/jill-meagher-killer-sentenced-to-life-in-prison [Accessed: 8 Mar 2014]. Wells, J. and Hoerr, K. 2014. Simon Gittany sentenced to at least 18 years for fiancée 's murder. [online] Available at: http://www.abc.net.au/news/2014-02-11/simon-gittany-sentenced-to-18-years-for-fiancees-murder/5251168 [Accessed: 8 Mar 2014]. Wilson, L. 2013. High Court strikes down ACT gay marriage law | The Australian. [online] Available at: http://www.theaustralian.com.au/national-affairs/high-court-strikes-down-act-gay-marriage-law/story-fn59niix-1226781474406 [Accessed: 8 Mar 2014].