Advantage and disadvantage of administration of justice
Answers
advantages ; Sir John Salmond said that administering justice according to fixed legal principles has three advantages:
Ensures uniformity and certainty in the administration of justice
A body of law is a normal requirement for any society.
Judges know what rules are and hence can enforce them uniformly.
Citizens of the society will know the rules and shape their conduct accordingly.
Guarantees / Secures impartiality in administration of justice
Judges could get influenced by improper motive if they are left to adjudicate matters according to what they feel.
Pre-determined legal provisions will force judges not to go for improper motives
Law is not made keeping in mind any specific case or to suit the convenience of any particular person.
Rules of Law represent collective wisdom of the community
Rules of law are formulated after thought-out opinion.
By applying the rules, Judges are applying the collective wisdom of the community.
Lord Coke: The wisdom of the law is wiser than any man's wisdom.
disadvantage; Being rigid is the usual defect of any legal system because law fails to conform itself to the requirements of unforeseen classes of cases.
Complex conditions of the society does not allow law to be framed to conform to all the sections all the times.
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Advantages of Legal Justice
Sir John Salmond said that administering justice according to fixed legal principles has three advantages:
Ensures uniformity and certainty in the administration of justice
A body of law is a normal requirement for any society.
Judges know what rules are and hence can enforce them uniformly.
Citizens of the society will know the rules and shape their conduct accordingly.
Guarantees / Secures impartiality in administration of justice
Judges could get influenced by improper motive if they are left to adjudicate matters according to what they feel.
Pre-determined legal provisions will force judges not to go for improper motives
Law is not made keeping in mind any specific case or to suit the convenience of any particular person.
Rules of Law represent collective wisdom of the community
Rules of law are formulated after thought-out opinion.
By applying the rules, Judges are applying the collective wisdom of the community.
Lord Coke: The wisdom of the law is wiser than any man's wisdom.
Disadvantages of Legal Justice
Being rigid is the usual defect of any legal system because law fails to conform itself to the requirements of unforeseen classes of cases.
Complex conditions of the society does not allow law to be framed to conform to all the sections all the times.