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Key concepts

Key concepts are the big ideas and understandings that we hope will remain with our students long after they have left school.

The key concepts or big ideas in legal studies

Law

The role of law and its relationship to society, the ability of the legal system to provide just outcomes for all individuals and groups, how the legal system impacts on our lives and how we can influence and change it.

Democracy and government

The power to determine how you are governed, electing government, power sharing between parliament, executive and the judiciary.

Justice

The ability of the legal system to provide just outcomes for all individuals and groups, how the system impacts on our lives and how we can influence and change it.

Sub-concepts

Some examples of concepts of law

  • Customary law
  • Rights and their limitations
  • Freedom of the press
  • Rule of law
  • Personal relationships (for example, civil union/marriage/guardianship)
  • Dicey’s principles
  • National sovereignty
  • Parliamentary sovereignty
  • Supranationalism
  • Natural justice
  • Negligence
  • Contract
  • Crime
  • Property
  • Legal ethics
  • Privacy
  • Securities
  • Tax

Some examples of concepts of democracy and government

  • Liberal democracy
  • Parliamentary sovereignty
  • Rule of law
  • Elections
  • Civil liberties
  • Free press
  • Autocratic Government
  • Theocratic Government
  • Rights and their limitations
  • Social contract
  • Separation of powers
  • Checks and balances
  • Unitary form of government
  • Federal form of government
  • Constitutions

Some examples of concepts of justice

  • Scales of justice
  • Origins of justice
  • Youth justice systems
  • Criminal justice systems
  • Civil justice systems
  • Judicial review
  • Family justice systems
  • Waitangi Tribunal
  • International criminal justice system
  • Alternative dispute resolution
  • Distributive justice
  • Social justice
  • Human Rights Review Tribunal
  • Inquisitorial system
  • Challenging state power

Application of concepts

Legal Studies concepts and principles, systems, and processes that stand alone have no practical application in the real world. It is in the application of concepts to specific issues and case studies where the law becomes a useful and indeed exciting field of study.

The ability of a student to apply a theoretical legal concept to a concrete example of a legal issue is a key competency that is unique to legal studies. This competency is taught at great length in Law Faculties in Universities. In acquiring competence in this core skill, students begin to think like lawyers.

Specific issues and cases need to be taught and learned alongside the concepts. These issues and cases form the contexts of Legal Studies. Whilst Legal Studies is a subject that is driven by concepts, these must be supported through application in specific contexts.

Last updated August 9, 2013



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