1) Introduction 

        The main function of the State is to maintain law and order and to establish peace and social security. The State discharges this function effectively with the help of law through the administration of Justice. Administration of justice which is one of the primary function of the state is generally divided into two, viz administration of civil justice and administration of criminal justice.
    2) Concept Administration of Justice 

      State maintain law and order and establish peace and social security. Administration of Justice is one of the primary functions of the State. The main function of the administration of justice is, protection of individuals' rights, enforcement of laws and punishment of wrongdoer.
     In simple words administration of Justice means justice according to law. Justice generally means the quality of being just.  for example the awarding of what is due.  justice consists of impartiality, integrity or rightness etc
        In determining a nation's rank in a political organization, no test is considered more decisive than its administration of justice, for it has been conceived as one of the firmest peelers of any government.
      A State may not be called a State if it has failed to discharge its functions concerning the administration of justice. Life may not be lived in a society in which there is no preservation of the rights of man and no prevention of injustice.

See also....What is Liability and what are Different Kinds/ Types of Liability

3) Kinds of Administration of Justice 

             Administration of justice is generally divided into two parts- viz Administration of Civil Justice and Administration of Criminal Justice.

i) Criminal Justice - 

      The administration of criminal justice is to punish the offender. Punishment may be described as the infliction by State Authority, of a consequence normally regarded as an evil (for example imprisonment or death) on an individual found to be legally guilty of a crime. 

See in detail here...Criminal Administration of Justice

ii) Civil Justice - 

     The main object of the administration of civil justice is to provide relief by way of compensation or other relief to the injured party. The rights enforced by Civil proceedings are of two kinds viz., Primary rights and Sanctioning rights. Primary rights are those which exist as such. They do not have their source in some wrong. Sanctioning or remedial rights are those rights which come into being after the violation of a primary right. A primary right is right arising out of conduct or as a jus in rem.
A sanctioning the right is one which arise out of the violation of another right.
         For example, if X enters into a valid contract, his right to have the contract performed is a primary right. If the contract is broken, his right to damages for the loss caused to him for the breach of contract is sanctioning right.
         A primary right may be enforced by specific enforcement. A sanctioning right is enforced by santioning enforceament.
    



See also...

Theories of Punishment 

Legal Wrong

Essential Elements of Legal Right


0 comments:

Post a Comment

See Also..