Justice, Administration of Justice and judicial process

Introduction

Any state or any society is not exist without justice.George Washington said administration of justice is the firmest pillar of the government. Law exist to bind together the community.It is sovereign and cannot violated with impunity. The most essential function of the state are basically two. War and Administration of  justice. If a state is not be capable either one or both of these functions they cannot be called a state.

Meaning and Definition of Justice

If we define the term 'Justice' means, "Fairness in protection of rights and punishment of wrongs". So according to Salmond "Administration of justice implies the maintenance of rights within a political community by means of the physical force of the State".

Necessity of Administration of Justice

In the word of Jeremy Taylor: "A herd of wolves is quieter and more at one than so many men, unless they all have one reason in then or have one power over them".

Hobbes says that without a common power to keep them all in awe, it is not possible for individuals to live in society. Without it, injustice is unchecked and triumphant and the life of the people is solitary, poor, nasty, brutish and short.

Origin and Growth of Administration of Justice

The origin and growth of administration of justice is identical with the origin and growth of man. The social nature of man demands that he must live in society. While living so, man must have experienced a conflict of interest and that created the necessity for providing for the administration of justice.

We can divide the growth of administration of justice into three stages.

1st Stage:

To begin with every individual had to help himself to punish the wrongdoer. Personal vengeance was allowed. He avenged himself upon his enemies by his own hand, probably supported by the hands of his friends and kinsmen where necessary. At that stage, every man carried his life in his hands.The rule might is right was implemented.In those days, every man was a judge in his own cause and might was the sole measure of right.

2nd Stage:

The second stage in the history of administration of justice started with the rise of political States. However, those states were not strong enough to regulate crime and inflict punishment on the criminals. The law of private vengeance and violent self-help continued to prevail. The state merely regulated private vengeance and violent self-help.

3rd Stage:

With the growth of the power of the State, the stare began to act as a judge to assess liability and impose penalty. It was no longer a regulator of private vengeance. It substituted public enquiry and punishment for private vengeance. The civil law and administration of civil justice helped the wronged and became a substitute for the violent self-help of the primitive days.

Classification of Administration of Justice

• Public Justice
• Private Justice
• Administration of Civil Justice
• Administration of Criminal Justice

Public Justice:

Public justice is that which is administered by the state through its own tribunals. Public justice is a relation between the courts on the one hand and individuals on the other.

Private Justice:

Private justice is distinguished as being justice between individuals. Private justice is a relation between individuals. e.g. X borrows money from Y and private justice demands that he should pay the same as promised. If he does not do so Y has the right to go to a court of law to force X to pay the same.

Administration of Civil Justice:

Administration of civil justice is dealt with in civil proceedings. The object of civil proceedings is to enforce the rights of the people living in society or state.

Administration of Criminal Justice:

Administration of Criminal justice is dealt with in criminal proceedings. The object of criminal proceedings is to punished the criminal.

Difference between Civil and Criminal wrong

1: As to Outcomes:

Civil Wrong: Civil proceedings result in judgment for damages etc.

Criminal Wrong: Criminal proceedings result in one or number of punishments.

2: As to Institution of Proceedings:

Civil Wrong: In civil wrong, the injured person has to sue the wrong-doer for getting relief.

Criminal Wrong: In a crime, the person injured cannot prevent proceedings begin to punish the wrong-doer

3: As to Purpose

Civil Wrong: The purpose of civil law is to enforce rights.

Criminal Wrong: The purpose of criminal law is to punish the wrong-doer

4: As to Nature

Civil Wrong: Civil wrongs are committed against  a private person.

Criminal Wrong: Criminal wrongs to consider to be wrongs against the society.

Advantages of Legal Justice or Judicial process

• Legal justice ensures uniformity and certainty in administration of justice.
• Everyone know that the law is in existence so there is no scope of arbitrary action.
• The judges have to give decisions according to the declared laws of country.
• There is impartiality in administration of justice.
• Impartiality is secure in administration of justice.
• Legal justice or judicial process represents the collective wisdom of community.

Disadvantages of Legal Justice or Judicial process

• It is rigid.
• it is not always possible to adjust it to the changing needs of the society.
• Society may change more rapidly than the legal justice and may result in hardships and injustice.
• Legal justice is technical.
• Judges attach more importance to legal technicalities than they deserve.

Conclusion:

It is concluded that administration of justice is very important for each state for the purpose of giving each person's right that what is his own. The basic purpose of law is administration of justice