However, he does not consider the possibility that just as there are cases where judges must go beyond the rules, there might be cases when judges must, or can, go beyond the principles. Dworkin takes it for granted that all cases are decided based on rules and principles. In doing so, I believe he neglects the possibility of the existence of another area in which judges might have discretion. While he may be able to rule out the occurrence of extremely ‘hard cases’, he needs to address the possibility. There is another controversial consideration that can sometimes provide a moral obligation to obey immoral laws.
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
Evidence produced by implementing this process model in an investigation will ensure that it can withstand legal scrutiny in a court of law. The digital evidence presented is thus the result of a rigorous digital evidence collection process. The dissertation will however be limited to the development of an integrated digital forensic process model and will not include a validation study. A secondary objective is to investigate whether any part of the process model can be automated, without compromising the validity of the process model. The purpose here is to alleviate the time-consuming investigative processes on behalf of the investigators.
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
Thus, as far as primary rules are concerned, Hart argues that there is a need for certainty, so that these rules can be applied by general public without any official guidance. There are a number of defenders of rule of law who have emphasized the need for the same kind of safety. He also discusses clarity as to which norms are to be declared as law. Hart had earlier argued that rule of recognition serves a very important purpose in peoples’ understanding of which rules can be secretively enforced by the society. However, in the Postscipt of his book, the Concept of Law, he says that the need for certainty is not a requisite condition.
Various case laws, the facts of the case and other factors are taken into consideration before the judge forms a concrete decision. Case laws, which are a part of the “prophecies” and “oracles of law” combined with the mindset of the judge among other things, gives an unpredictable character to law. “If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience… The prophecies of what the courts will do in fact, and nothing more pretentious are what I mean by the law” – Bad man theory (Holmes,
Martin Luther King Jr himself believed "Justice denied anywhere diminishes justice everywhere," backing the notion of importance of a fair trial and a just outcome. The Rule of law is another relevant notion that each individual is bound by the law and its institutions. Whilst there may be times that some individuals are tempted to step outside of the law this can have great implications on society and the
If the culture is pervasive it would lead to have a weak rule of law. In many country people did not trust in their government and that leads to make them avoid the state law. In the court situation, the judge must be committed to interpreting and applying the law to everyone without bias and since the courts lack the direct authority over the police, the government officials respect the independence of the judiciary and comply with the court ruling. Democracy, Content of law, and Human rights are not mentioned as a core of the rules of law. Democracy is the method of selecting political leaders.
INDEPENDENT OF JUDICIARY IN MALAYSIA Independence of the judiciary connoted independence from the political executive; it is based on the terms of traditional constitutional theory. Pressures from superiors within the judicial branch can threatened a judge’s freedom of action. However, the challenge to judicial independence from the religious establishment is not unknown. There is also the danger of pressure from private, political and commercial centers of power. Public confidence is vital in the impartiality, integrity and independence of the judiciary.
It is important for judiciary to protect its reputation and to regulate the media and do not allow it to become a fearless watchdog thereby attracting serious dangerous consequences of its activities. Also the law commission 200th report which gave certain guidelines for the regulation of media should be passed in parliament as it is still pending. Attorney General G.E Vahanvati told Supreme Court that the central government is actively Any institution, be it legislature, executive, judiciary or bureaucracy, is liable to be abused if it exceeds its legitimate jurisdiction and functions. But sometimes these ultravires activities are blessing in disguise as is the case of judicial activism. Media trial is also an appreciable effort along with the revolutionary sting operations as it keeps a close watch over the investigations and activities of police administration and executive.