Administration means management and justice means to right and equitable implication. By the administration of justice is meant the maintenance of right with in a political community by means of the physical force of the state. It involves
- The physical force of the State,
- Politically organized society and
- Maintenance of rights as the object.
For sound administration of justice, physical force of the state is prime requirement. There are two essential functions of every State:
- War,
- Administration of Justice
According to Salmond, a state with reference to its territory as a society of men established for the maintenance of order and justice within a determined territory by way of force. State maintain law and order and establish peace and social security. If state failed to maintain the law and order it can’t be called state. The main function of the administration of justice is the protection of individuals’ rights, enforcement of laws and punishment of criminals.
Definitions of Administration of Justice:
- According to Lord Bryce;
“There isn’t any better test of the excellence of a government than the efficiency of its judicial system”.
- According to George Washington;
“Administration of justice is the firmest pillar of government. Law exists to bind together the community. It is sovereign and cannot be violated with impunity”.
- According to Salmond;
“Law is the body of principles recognized and applied by the State in the administration of justice”.
Origin and Growth of Administration of Justice –
The origin and growth of administration of Justice is identical with the origin and growth of man. In modern civilized societies, it has evolved through stages.
- First Stage – In early stage when society was primitive and private vengeance and self-help were the only remedies available to the wronged person against the wrongdoer. He could get his wrong addressed with the help of his friends or relatives.
- Second Stage – The second stage of development of the society was characterized by the state coming into existence in its rudimentary form when its functions where only persuasive in nature. It did not have enforcing power by which it could punish the wrongdoer.
- Third Stage – In the third Stage of development of society, wrongs could be redressed by payment of compensation by the wrongdoer to the wronged(victim) who was affected by the wrongful act.
Thus up to this time, the justice remained private in nature without the compulsive force of the State
Advantages of Administration of Justice
Advantages of Administration of Justice are as follows –
- Uniformity and certainty – Legal Justice ensures uniformity and certainty. Everybody knows what the law is and there is no scope for arbitrary action. Even Judges have to give decisions according to the declared law of the Country. As the law is certain, citizens can shape their conduct accordingly.
- Impartiality – Another Advantage of Administration of Justice, there is impartiality in the administration of justice. Judges are required to give their decisions according to the pre-determined legal principles and the cannot go beyond them.
Disadvantages of Administration of Justice
Despite the aforesaid advantages there are certain disadvantages of Legal Justice which are as follows –
- Rigidity – One Disadvantage of Legal Justice is that it is Rigid. Law has already been laid down in precedents. It is not always possible to adjust it to the changing needs of society. Society may change more rapidly than legal justice and may result in hardship and injustice in certain cases. Judges act upon the principle that “hard cases should not make bad law”.
- Technicalities – Another disadvantage of legal justice is its technicalities (formalism). Judges attach more importance to legal technicalities than they deserve. They give importance to form than to substance.
- Complexity – Modern society is becoming more and more complicated and if made from time to time to codify or simplify the legal system but very soon law becomes complicated
Kinds of Justice
The concept of justice and its administration can be of the following types:
- Public justice and Private justice
For example, let’s imagine that A and B entered into a business transaction in which A paid money to B as promised. B, instead of selling goods to A for the money, refused to fulfill his obligation. If A and B decide to settle their dispute through means of arbitration or negotiation, it is private justice. However, if A approaches a court and sues B, we refer to that as public justice.
- Civil justice and Criminal justice
In terms of the subject matters of justice, we can categorize it as civil and criminal.
