What is Administration of Justice?

• Meaning:
  • "Administration" means management, and "justice" means fairness and doing what is right.
  • It is how a government ensures fairness and resolves disputes by enforcing laws.
• Key Aspects:
  • Structured system with rules and order in a politically organized society.
  • Government uses its authority to maintain order and protect rights.
• Salmond’s Definition: Justice is maintained by a politically organized society through law enforcement and punishment of wrongdoers.

Objectives of Administration of Justice

• Maintain Order: Prevent chaos and promote peace.
• Protect Individual Rights: Safeguard everyone's rights and ensure fairness.
• Ensure Fairness: Provide equal justice to all without bias.
• Uphold Rule of Law: Ensure consistent application of laws.
• Resolve Disputes: Offer mechanisms like courts to settle conflicts.
• Promote Social Harmony: Address rights violations to create a peaceful society.

Origin and Growth of Administration of Justice

• Human Nature: Humans, being social beings, naturally form communities that require justice systems.
• Early Dispute Resolution: Initially, elders resolved disputes in communities.
• State Systems: The state assumed responsibility for justice as societies grew complex.
• Role of Judges: Judges and magistrates now ensure laws are applied fairly.
• Hobbes' Theory: A "common power" is essential to maintain order and prevent chaos.

Advantages of Administration of Justice

• Uniformity: Laws are applied equally to all, ensuring fairness.
• Collective Wisdom: Reflects society’s collective experience, reducing errors.
• Consistent Application: Judges apply fixed rules, promoting predictability.
• Regulation of Conduct: Citizens adjust their behavior to comply with laws.

Disadvantages of Administration of Justice

• Rigidity: Laws may be slow to adapt to societal changes.
• Technicalities: Complex legal language and procedures can deter understanding.
• Complexity: Modern societies require intricate laws, leading to confusion.
• Unintended Consequences: Laws may inadvertently create new problems.

Types of Administration of Justice

• 1. Criminal Administration of Justice:
  • Focus: Addresses crimes or public wrongs.
  • Objective: Punish offenders and maintain order.
  • Punishment: Includes imprisonment, fines, or death penalty.
  • Goals:
    • Deter future crimes.
    • Express societal disapproval.
    • Rehabilitate offenders.
• 2. Civil Administration of Justice:
  • Focus: Resolves disputes between individuals or entities.
  • Objective: Provide remedies, often through compensation.
  • Types of Rights:
    • Primary Rights: Exist independently (e.g., right to property).
    • Sanctioning Rights: Arise when primary rights are violated (e.g., right to damages).
  • Enforcement:
    • Primary Rights: Enforced through specific performance.
    • Sanctioning Rights: Enforced through penalties or compensation.

Conclusion

• Importance: Essential for maintaining societal harmony and fairness.
• Role: Protects rights, resolves disputes, and ensures laws are followed.
• Reflection of Society: Mirrors societal commitment to fairness and equality, ensuring dignity and respect for all individuals.