The court is to see whether re he parties involved argue the game being played before it is fair and conducive to justice or not. The representation of lawyer from both sides is obligatory, the accused has right to silence. He need not give evidence from his side. Prosecution must prove the guilt beyond reasonable doubt lastly the accused may claim benefit of doubt Individual 's right to privacy is best preserved under it. Its demerits is that the accused does not help the police during investigations hence the prosecutor has the mandate to look for evidence to submit in the court hence the police must work on his own strength against the accused.
John Rawls’ theory of ‘Justice as Fairness’ is a theory that conceives of a society in which all citizens cooperate with one another, live freely and have access to the same basic rights. Rawls’s aim is to illustrate how this ideal can be achieved through the use of a social contract – this approach attempts to reach a consensus about the principles of justice amongst all members of a society (Weinar, 2012:1). Rawls thus seeks a conception of Justice to which all citizens can agree freely and on equal terms. Within free societies, individuals live by various different views and values, for example religious views, conceptions of what is wrong and what is right. These views can generally not be reconciled – however, Rawls argues that human beings
Moreover, human rights are for everyone, no matter where you came from, you are born with a human right. It is protected by law; according to United for Human Rights, everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Human rights focuses on the dignity of a person, and our human rights cannot be taken away. Lastly, human rights provide a neutral standpoint, so that conflicts can be resolved in between the two
He or she would judge that the offender is immoral in some way and, therefore, make a personal judgment that is separate from the law. For these reasons, I believe that moral relativism is ideal for those who work in the field of criminal justice. The law, as it stands, is to be enforced free from the moral judgments of the criminal justice community. A community that bases its morality on personal experience and does not pass judgment on the morality of an offender is a more professional force than a group of people with varying moral views who are tempted to apply a personal system to the enforcement of the
False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort as trespass to a person.False Imprisonment has been defined as the total restraint of the liberty of a person. The word ‘false’ means ‘erroneous’ or ‘wrong’. It is a tort of strict liability and the plaintiff has not to prove fault on part of the defendant. It safeguards the right to freedom of a person so that they may be able to move without restraint.
Or-probably better-one can use both as nouns, saying that someone is an individualist and a feminist. There is no reason to fear the word feminist. Equality must mean equality under the law, but it must also mean philosophical and social equality of men and women in daily life. The latter cannot be achieved by legislation. True liberation and individualism means that all virtues and characteristics are individual human virtues and characteristics, open to anyone who is inclined to pursue and develop them.
As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
This reversal is completely in contravention to the fundamental principle of innocent until proven guilty. In this context the principle will change from ‘innocent until proven guilty’ to ‘guilty until proven innocent’. The essentials of a criminal trial are this: That the prosecution must prove the commission of a crime beyond a reasonable doubt. As a necessary corollary to this, it must be understood that the defense is only required to cast reasonable doubt on the prosecution’s case in order to
In order to establish justice, laws need to be interpreted and judged. When the contents of a law are used to “honor” the criminal's actions the judicial branch will bring justice to the victim and the law. The judicial branch does not prejudice, therefore they judge fairly and justly. The way the judicial branch works makes it so that it establishes justice. In Article Three of the Constitution, it states “No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” This means that the judicial branch is the only branch that can judge whether or not an act is considered treason.
The respect of human rights is a central feature of a constitutional democracy. Human rights protect people from the actions of those who exercise power over them and helps to create a world in which a person could reach his full potential as a human being. We are entitled to have our human rights protected and promoted simply because human beings deserve to be treated with dignity and respect. This means that human status whether its nationality place of residence, color, sex, Ethnic color, religion or any other status humans are all entitled to fundamental human rights. Democracy insures that no one is subjected to violating human dignity and rights.