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    Saturday, 7 February 2015

    Administration of Justice and its kinds

    INTRODUCTION.
    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.


    IN SIMPLE WORDS.
    “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.
    OBJECTS OF ADMINISTRATION OF JUSTICE.
    Objects of administration of justice is to create a such atmosphere in which every body can live without harming other. And there should be obedience of law which supremacy of Government with ideal system of justice.


    KINDS OF JUSTICE.


    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.

    DIFFERENT BETWEEN CIVIL JUSTICE AND CRIMINAL JUSTICE.


    CIVIL JUSTICE CRIMINAL JUSTICE.

    ADMINISTRATION.

    Civil justice is administrated Criminal justice according to
    According to one set of forms. Another set of forms.

    PLACE OF ADMINISTRATION.
    Civil justice is administrated in Criminal justice is administrated.One set of courts. i.e civil courts. In different set of courts, i.e Criminal courts.
    OBJECT 
    The object of civil justice is The object of Criminal Justice is to enforce rights. To punish the wrongs.
    CIVIL JUSTICE CRIMINAL JUSTICE.

    PROCEEDINGS.
    Civil justice is dealt within Criminal justice is dealt within
    Civil proceedings. Criminal proceedings.
    DEALING
    Civil justice deals with Criminal justice deals with public
    Private wrongs. Wrongs. i.e crimes against 
    Society.

    PARTIES.
    In civil proceedings, private In criminal proceedings state
    Individuals are parties. i.e. constitutes itself as a party. i.e.
    Plaintiff vs defendant. State vs accused.
    CONSEQUENCES.
    Civil wrongs are less harmful. Crimes are more harmful.

    OUTCOME.
    Civil proceedings results in Criminal proceedings result in 
    Judgment for damage. One or a number of punishment.

    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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