AQA A Level Law Substantive Justice and Equity Student Handout with articles and activities

A 26-page student Handout which represents everything students need to know about Substantive, Procedural Justice and Equity.

Written by an experienced Examiner and delivered to his classes successfully over many years.

The document explores various aspects of justice, including substantive and procedural justice, equity, and the role of judicial review in holding public bodies accountable.

• Substantive Justice: Substantive justice examines the content of laws and measures them against fundamental principles like fairness and morality.
• Equity in Law: Equity fills gaps in common law by providing remedies where common law is insufficient, as illustrated by historical cases and principles.
• Equitable Remedies: Equitable remedies include freezing injunctions, search orders, and orders of specific performance, which compel defendants to act or refrain from certain actions.
• Case Study: Ryan Giggs: Ryan Giggs sought an injunction to prevent the publication of private information, highlighting the complexities and breaches of such orders.
• Case Study: Tinsley v Milligan: The case illustrates the tension between equitable ownership and illegal actions, with the House of Lords ruling in favor of Milligan despite her fraudulent behavior.
• Damages in Civil Law: Damages aim to restore the claimant’s financial position, with special and general damages addressing specific and non-specific losses respectively.
• Judicial Review: Judicial review allows courts to assess the lawfulness of public body decisions, serving as a critical check on governmental power.
• Controversy Over Judicial Review Reforms: Proposed reforms to judicial review have sparked debate, with critics arguing that they undermine the ability to hold the government accountable.