What legal principle does the term 'fundamental justice' refer to?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

The term 'fundamental justice' refers to the protection of individual rights in legal proceedings, which is a core principle within the context of Canadian constitutional law. It is largely drawn from Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person. This section emphasizes that any deprivation of these rights must be carried out in a manner that is consistent with the principles of fundamental justice.

Fundamental justice encompasses various procedural rights, such as the right to a fair trial, the right to be heard, and the right to legal representation. These rights ensure that individuals have the opportunity to defend themselves against legal accusations and that the legal process is conducted in a fair and equitable manner. This principle serves as a critical safeguard against arbitrary state action and is foundational in maintaining the rule of law within Canada.

The other options do not accurately capture the essence of fundamental justice. Strict adherence to statutory law might suggest a rigidity that overlooks individual rights, while prioritizing public safety over individual freedoms can lead to unjust outcomes in the name of security. Similarly, equity in the application of all laws speaks to a broader idea of fairness but does not specifically address the rights and protections of individuals within legal proceedings as fundamentally justice

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy