What makes a law just and effective?

It is initially necessary to distinguish between laws which are just and laws which are effective. For example, a law which says ‘all those who drive above 35 miles per hour in a 30 zone will be punished by life in prison’ may be effective in that it deters people from committing the prohibited act. However, this law is not likely to be considered ‘just’ as the punishment is not proportionate to the crime. ‘Just’ refers to a moral sense, and the rule must be consistent with the rule of law. This means the law must apply equally to everyone and it must be fairly applied and enforced.

BM

Related Law A Level answers

All answers ▸

What's the difference between mens rea and actus reus?


Explain the meaning of the term ‘mens rea’ in criminal law


How far does the law in Engalnd and Wales protect us against indirect discrimination?


How should case law be used to answer problem questions?