The Administration of Justices

War and administration of justice are two most essential functions of a state. If the state is not incapable 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.

MEANING OF JUSTICE
Justice means the proper administration of law.

DEFINITIONS OF ADMINISTRATION OF JUSTICE
Administration of justice is the protection of individual form the unjust unlawful deeds of other

ACCORDING TO SALMOND
Maintenance of right within the political community by means of physical force of state

ACCORDING TO LOARD BRYCE
There is no better test of excellence of a Government than the Efficiency of its judicial system

ORIGIN AND GROWTH OF ADMINISTRATION OF JUSTICE.

The origin and growth of administration of justice may be divided in to three stages.
FIRST STAGE
First of all the concept of private system of punishment and violent self-help.
SECOND STAGE
When the rise of political states, the private system started to be regulated by the state. The state provided rules like “an eye for eye” and a “tooth for tooth”. Thus the system of self-help was very much prevalent.
THIRD STAGE
At that stage, the state enacted its own rules and laws and has sub situated the concept of private punishment by the administration of civil and criminal justice.

NECESSITY OF ADMINISTRATION OF JUSTICE

Administration of justice is important for the following reasons.

  • Necessary for uniformity.
  • Necessary for protection of rights.
  • Necessary for peace and stability.
  • Necessary for integration of society.
  • Necessary to check injustice.
  • Necessary to educate people.
  • To promote welfare.
  • To promote equity.

KINDS OF JUSTICE

Justice is divided into following kinds
PUBLIC JUSTICE
Public Justice is that which is administrated by the state using its own tribunals and courts. It is the relation between court and an individual. When a person turns to courts for restitution, he said to demand public justice. It is granted when a right of an individual, which he has as a member of society, is infringed.
PRIVATE JUSTICE
Private Justice is Justice between individuals. It is the end for which the courts exist and public justice is the means through which this end is fulfilled.
CIVIL 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
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.

ADVANTAGES OF ADMINISTRATION OF JUSTICE

  • Cohesive factor of society.
  • Provides stability.
  • Provides certainty.
  • Provides uniformity.
  • Impartiality.
  • Represent collective wisdom.
  • Security.
  • Provides justice.

DISADVANTAGES OF ADMINISTRATION OF JUSTICE

  • Rigidity.
  • Complexity.
  • Formalities.
  • Justice according to law.

CONCLUSION

In the end we can say 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.

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Papoo Parmar

I am so simple and Like to do any special in my life in short way.

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