Administration of Justice
War and administration of justice are two most essential functions of a state. If the state is not capable of performing these two functions, it cannot be called a state. Administration of justice implies the maintenance of peace and order within a political community by means of physical force of the state.
Administration of Justice: Definition
According to Salmond, the administration of justice entails the protection of rights within a political society through the use of governmental force. No matter how well-ordered a society may be, force is always present and in use. Despite going dormant, it still exists.
Administration of justice: Inception and development
The social nature of men is what motivates him to live in a neighbourhood. Because of their social nature, men must live in societies. But being a part of a society causes conflicts of interest and necessitates the administration of justice. This is regarded as providing the historical foundation for the development of the administration of justice.
The State was established once the need for the administration of justice was understood. In the beginning, the so-called State lacked the power to control crime and punish offenders. The legislation at the time was one of Self-Help and Private Vengeance.
The State officially came into existence in the following stage of the administration of justice. The state started to act like a judge to determine responsibility and impose punishment on the individuals as the state’s power increased. Public Inquiry and Punishment as a concept came to pass.
As a result, the modern administration of justice follows logically from the expansion of the political state’s authority.
Importance of Justice
The definition of law, according to Salmond, “reflects that administration of justice must be carried out by the state on the basis of rules and principles accepted.”
Roscoe Pound held that a state’s courts are responsible for administering justice. Both Roscoe Pound and Salmond stressed the importance of the Courts in establishing law. However, Roscoe Pound emphasized the importance of the courts more than Salmond did, who emphasised the role of the State.
Benefits and Drawbacks of Legal Justice
- Legal Justice ensured that there was no room for arbitrary conduct and that even judges had to make decisions in accordance with the State’s established law. People might alter their behaviour in accordance with the law, which is certain.
- Legal Justice also made sure that the law wasn’t designed for the benefit of a specific, elite class. Judges are required to follow the law. This has made it possible for the administration of justice to remain unbiased. According to Sir Edward Coke, justice stands for collective wisdom and the wisdom of the law is wiser than the wisdom of any man.
- It is unbending. The pace of social change always moves more quickly than the pace of change in the legal system.
- The legal system is rife with formalities and procedures.
- Legal justice is a complicated topic. Our society is equally complex. Consequently, we require intricate rules to satisfy the needs of society.
- “Law is without a doubt a solution for greater evils yet it brings with it evils of its own,” remarked. Salmond.
Classification of Legal Justice
It can be classified into following categories
- Private Justice is regarded as the form of justice that exists between individuals. Private justice is an interpersonal interaction. The court was established with this goal in mind. Individuals are not permitted to impose their own laws. It displays the moral equity that ought to exist between people.
- Public Justice is provided by the state via its own tribunals and courts. The interaction between people and the courts is governed by it. The way that courts accomplish the goals of private justice is through public justice.
- Civil Justice results from the infringement of a private right. If a right of a person is violated and it only concerns or directly affects him, it will be death with civil justice.
- Criminal Justice results from the infringement of a public right. Even if the offence is committed against one person but the nature of the offence is such that the state steps in and considers it to be an infringement of a public right.
Concept of Justice according to Law
The courts deliver justice to the people, according to the law. The law must always be followed while dispensing justice. Nevertheless, the courts don’t always deliver justice. This is so because judges only interpret the law; they are not lawmakers. The court has no obligation to make law more perfect. The judges’ sole responsibility is to uphold the legislation as written. As a result, in the contemporary state, administering justice in accordance with the law is sometimes seen as “implying recognition of fixed rules.”
Differences: Civil & Criminal Justice
From a practical perspective, there are significant differences between the two in terms of the legal ramifications. A gist of differences is tabulated below.
Civil justice is administrated according to one set of forms whereas criminal justice is administered according to another set of forms.
Civil justice is administrated in civil courts whereas criminal justice is administered in criminal courts.
The object of civil justice is to enforce rights whereas that oc Criminal Justice is to punish the wrongs.
Civil justice is dealt within Civil proceedings whereas Criminal justice is dealt within
Criminal proceedings.
Civil justice deals with Private wrongs whereas Criminal justice deals with public Wrongs. i.e crimes against Society.
In civil proceedings, private individuals are parties. i.e. Plaintiff vs defendant whereas in criminal proceedings state constitutes itself as a party. i.e.
State vs accused.
Civil wrongs are less harmful. Crimes are more harmful.
Civil proceedings results in judgment for damage whereas criminal proceedings result in one or a number of punishments.
Advantages of Administration of Justice
- Cohesive factor of society.
- Provides stability.
- Provides certainty.
- Provides uniformity.
- Represent collective wisdom.
- Provides justice.
Disadvantages of Administration of Justice
- Rigidity
- Complexities
- Formalities
- Justice according to law.
From the above discussion, we can conclude that administration of justice is the firmest pillar of the Government. The modern administration of justice is a natural corollary to the growth in power of political state, which began to act as a judge to assess liability and impose penalty. There are different kinds of justice that protects the rights of individuals and public. Administration of justice is the responsibility of the state.
