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
Unlike Hobbes, Locke noted that even with the formation of government, people have the right to have a private life to pursue whatever actives they want to pursue (Stanka). Like what Locke said, every person has natural rights and it is the government`s duty to protect these rights (Second Treatise of Government). Individual rights play an important role for democracy today, that if a state does not protect their citizen`s rights they are automatically labelled as undemocratic. Instead of a sovereign ruler as Hobbes suggested, Locke would instead see the sovereign not as one individual ruler but a sovereign of the people. Locke believed that the government was made up by the people of the society.
The article’s objective is to identify why some city governments have managed to change the corruption equilibrium while others have failed. The article achieves its objectives by analysing the example of the Hong Kong city government and its success in managing corruption in the police force. This article is significant for the intended audience, city governments, and police heads if they want to understand how they can manage corruption in the police force. It has been written in a language this is easily understandable by the intended audience, and
Holmes in “The Path Of The Law” has taken a pragmatic approach in understanding and evaluating law. Holmes’s arguments had a great impact in the formulation of the American legal realism. With his arguments on eradication of ‘naturals rights’ and ‘morals’ from law, Holmes helped the American legal realism reach where it is now. The Path Of The Law begins by providing reasons as to why people engage lawyers in the first place. One of the reasons being that, in many cases the command of the public force is entrusted with judges, and to enforce its decisions, the whole power of the state would be used.
Many people are in favor of tort law because the purpose of the tort law is to “provide remedies for the invasion of various protected interests (Miller & Jentz, 2014)”. In other words, the victim will get compensated in accidents, and they believe that this is what the civil justice all about, and most of them against the tort reform. Because of the tort reform, victims have difficulty to prove themselves on the courts. It is difficult for victims to get deserved money back. In the article “Tort reform pros and cons”, Crystal Lombardo (2015) gave an example about the negative effect of the tort reform.
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.
Cesare Beccaria was seventeenth century writer, who wrote about his views and opinions of the criminal justice system. One of Beccaria 's beliefs was that the court system and laws should be used to keep safety and order. In order to make the judicial system better, Beccaria wanted to fix the corruption of the judges. In addition to this, Beccaria believed that knowing you would get punished was better than knowing that the punishment were terrible. Another of Beccaria 's beliefs was that the punishment should fit the crime.
The executive in South Africa functions to maintain the survival of the country wherein they implement legislation or develop policies for the people follow the constitution; the executive are not put in place to pass any laws. The national cabinet consists of the president who must maintain that the constitution is the supreme law, appoint a cabinet that consists of ministers that must work to maintain the health of assigned portfolios and implementation of laws or policies and conducting reports for parliament about the work which they do. With the responsibilities given to ministers, there is a level of accountability to which they are held. The president further has the
CORRUPTION AS A CHALLENGE TO FAIR JUSTICE ADMINISTRATION -ARYAN BABELE The protection of rule of law is an essential practice for any progressive society. Importance of rule of law comes into light only when there is access to justice even for vulnerable people and when they are not left behind as aggrieved victim. In India, ‘Access to Justice’ is a constitutionally enshrined fundamental right, but in absence of proper check on justice system and its instruments violations are sporadic due to a certain influence in administration. This influence is a reason for India’s problem of institutionalized corruption across all departments of the justice administration in India. Protection of rule of law includes determined legal system that revert back problems and grieves in a fair, non discriminatory and efficient manner.
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. But there must be a reasonable self-restriction over its arena and due emphasis should be given to the fair trial and court procedures must be respected with adequate sense of responsibility. Media should acknowledge the fact that whatever they publish has a great impact over the spectator. Therefore, it is the moral duty of media to show the truth and that too at the right