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LAWS AND LEGAL STUDIES
Characteristics of Effective Laws
Fairness, Access, Time, and Values
This resource explores the characteristics of effective laws as well as mechanisms within the dispute resolution framework.
The characteristics of an effective law are those of an effective legal system:
• Fairness and unbiased legal procedures and hearings
• Access to mechanisms for dispute-resolution
• Timely resolution of disputes
• Values and rights recognised
Effective laws are characterised by any or all of these features
Hence an effective law may be one that produces the right outcome, a correct court decision or jury verdict, or the proper use of sentencing laws by a court.
This broad definition suggests the concept of an effective law is open to a degree of interpretation. Precision in a definition of effectiveness is, therefore, difficult as the perspective of effectiveness may vary depending on the status of the viewer, i.e. perspectives of effectiveness can differ depending on the extent to which they affect particular individuals.
For example, in criminal cases, the legal system often needs to reconcile conflict between the protection of individual civil liberties, whilst maintaining mechanisms for the suppression of crime and retribution on behalf of victims and society as a whole. In this instance, a convicted offender may see a jury verdict as effective, whereas a victim of crime may see the same verdict as ineffective.