Judiciary of Pakistan

Topics: Judge, Jury, Court Pages: 29 (9693 words) Published: March 23, 2012

Justice n. Fairness, moral rightness, and a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges, and legislatures often get caught up more in procedure than in achieving justice for all Judiciary: The branch of government that is endowed with the authority to interpret and apply the law, adjudicates legal disputes, and otherwise administers justice. Every society in human history has confronted the question of how to resolve disputes

Definition of Court:
Court n. any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined. Judicial courts are created by the government through the enactment of statutes or by constitutional provisions for the purpose of enforcing the law for the public good. They are impartial forums for the resolution of controversies between parties who seek redress from a violation of a legal right. In a broader sense, the term may also refer to a legislative assembly; a deliberative body. The public has a right to attend judicial proceedings. This right ensures that the proceedings will be conducted in a fair and unbiased manner. Most courts have a multilevel structure. A few states have a two-tiered system, but the federal government and most states use a three-tiered model. All litigants have an opportunity to argue cases before a trial-level court, and subsequently to pursue the matter further through two levels of appeals courts.

Purpose of Judicial System:
The purpose of the legal system is to provide a system for interpreting and enforcing the laws. The purpose of the legal is to provide a systematic, orderly, and predictable mechanism for resolving disagreements. Functions of Judicial System

In order to do its job, any such system must perform three closely connected, but nevertheless distinct, functions: • Adjudication( Arbitration, negotiation),
• Legislation
• Execution.
Judicial Function
The judicial function is the core of any legal system. In its judicial function, a legal system adjudicates disputes, issuing a decision as to how the disagreement should be settled. Legislative Function

The purpose of the legislative function is to determine the rules that will govern the process of adjudication. Legislation tells judicial function how to adjudicate. Executive Function
Finally, the purpose of the executive function is to ensure, that the disputing parties submit to adjudication in the first place, and they actually comply with the settlement eventually reached through the judicial process. In its executive function the legal system may rely on coercive force, voluntary social sanctions, or some combination of the two. The executive function gives a legal system its "teeth," providing incentives for peaceful behavior; both domestic law enforcement and national defense fall under the executive function. HISTORICAL RETROSPECT:

The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. The judicial system that we practice today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs covering the Hindu era, Muslim period including the Mughal dynasty, British colonial period and post-independence period. Notwithstanding the successive changes i.e. one rule/dynasty substituted by the other, which naturally resulted in the socio-economic and political transformation of the Indian society, the judicial system generally maintained a steady growth and gradual advance towards consolidation and improvement/refinement, without indeed, having to undergo any major disruption or substantial change. All in all, the system experienced and passed through 3 distinct stages of historical development, namely, Hindu Kingdom, Muslim-rule and British colonial domination. The 4th and current...
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