3004 Case Study – New Country

To Prepare:

Imagine that you are a consultant for a nation that is drafting a new constitution and developing a new judicial system. This new nation would like to model its system on the United States in many ways (or the system in the country in which you reside), but would also like to improve on that system where possible.

In this Assignment, your task is to create a consultation report for this nation that will be based in part—but also be an improvement upon—your existing system, thus using the exercise as a way to reflect upon your own nation’s judicial system.

The Performance Task:

Submit a 700 word consultation report for a nation that is creating a new judicial system as part of its newly drafted constitution.

The characteristics of the newly formed nation are the following:

Indigenous peoples make up 15% of the population; recent immigrants make up another 20%; descendants of a group that historically had been treated as a subclass but has been attempting to gain a foothold in society for many generations make up 35%; and a group descended from centuries-old settlers to the land make up the final 30%. This final group always has held the largest share of wealth and power, although other groups have marginal representation in these areas. This final group has for many generations held a significant majority of governmental roles.

In your consultation report address the following:

• Define due process in the newly created judicial system and how it will be articulated in a clear way to citizens.
• Identify important roles in the newly created judicial system.
• How do the roles in the newly created judicial system affect the balance of power? How does the balance of power affect each role?
• How do you propose balancing the protection of rights with the protection of society?
• How can the new judicial system be developed with cultural awareness as a key feature?

Be sure to reference your course readings to support your claims and reasoning.

As a separate critical reflection that is not a part of the report, respond to the following:

• How does an exercise like this contribute to positive social change in your own judicial system?
• How does or can an awareness of cultural diversity affect decisions made in the judicial process?
• How does or can an unwillingness to consider cultural diversity affect decisions made in the judicial process?