Preview

Judicial Reforms

Better Essays
Open Document
Open Document
1208 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Reforms
We all know this universal rule that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule.
Judicial reforms should, therefore, be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental goal of all societies. This is the reason why the human civilization has been locked in a constant struggle to achieve higher standards of fairness and equity. The endeavour is timeless with societies borrowing new practices from each other achieving higher standards of justice and more commonality in laws and procedures in the process.
The ultimate goal of securing justice is the primary function of any judicial system. To accomplish it, the existence of the rule of law is a priority, with the highest standards of transparency, and thedeliverance of speedy justice at affordable costs, being the two legs that give life and soul to the precept. These are the components that the judiciary should focus on to implement the “justice oriented approach”. Justice delivered with these goals can only live up to the highest standards of the ideal. It would, therefore, be necessary to effect organizational and procedural changes in the judiciary from time-to-time to address the exigencies of time. Yet the path to achieve it is varied and there is no consensus on the reforms that need to be embraced for it.
Different stakeholders may accord different priorities to the changes that need to be made. The market stakeholders may judge the effectiveness of judicial systems on the basis of speedy settlement of disputes. The common man on the other hand may judge the efficacy of the judicial system based on its ability to deliver to them equitable justice

You May Also Find These Documents Helpful

  • Better Essays

    Court Issues

    • 1359 Words
    • 6 Pages

    The criminal justice system has changed tremendously over the decades and so has society. It is important that the court system make changes to keep up with the times. There are parts of the court system that need to be identified to have these changes occur. One of these areas is the way courts are managed including their problems and resolutions. A new trend that has emerged is victims’ rights. Victims can now intervene in the cases before sentencing. In the future, courts could lose cases to arbitration and mediation also known as the private sector of the courts. Understanding these changes and issues are important so that the courts can correspond with the trends as they occur. The courts are an important piece of the justice system. In order to meet the domains of the criminal justice system the courts evolve with the new processes and trends as they happen. Below the paragraphs will analyze and explore future management issues dealing with technological innovations and how the new technology is impacting the courts. Along with how victims’ rights are impacting the courts. One of the main issues that the courts are facing in the future is the possible division between the private law sector and the courts. The technological innovations also impacts the courts staff and judges.…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The primary objection against the Judges’ Case model of appointments is that it finds no basis in constitutional text and is the product of a frenetic Court. Secondly, it places a potent CJP at the center of the judicial system, which severely compromises independence within the judiciary. The primacy accorded to his opinion further facilitated the judiciary’s transformation into a self-perpetuating institution. It also served to politicize the judiciary, which eroded the judiciary’s institutional impression in the public eye. Moreover, the lack of clarity surrounding the application of the seniority principle allowed room for maneuvering, making an already opaque procedure more indefinite and obscure. All of these observations confirm that…

    • 151 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Hamilton focuses on three subjects in this paper. First, the process of appointing judges. Second, the tenure which they are to hold their places. Lastly, the judiciary authority among different courts and their relationship (Hamilton p.1). This paper examines the justification for their tenure, meaning the appointment for life under a good behavior. Once comparing the three branches, Hamilton discusses the judiciary as the least dangerous to the political rights of the constitution because it does not have the force or the will (Hamilton p.2). He explains force as decisions made by the court that can only be implemented by the executive branch. Will is the fact that courts are not able to interpret the law according to their desires or political views. By making this comparison, Hamilton makes the first important point in this paper, the terms of office should be appointed to life to protect the judiciary from the other stronger branches of government (Hamilton p.2). His second point is regarding the limited constitution that gives enumerated powers to the federal government.…

    • 217 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    It ignores the possibility of unremorseful offenders and unwilling victims, challenges the criminal justice system operation, undermines the law- that define crimes and send offenders to prison, as well as outline the rights that protect citizens from the government. Crime can ruin lives, destroy relationships, and a mediated conversation can’t heal every wound, or address the problem at large. It reduces the legitimacy of law, which citizens are required to abide by, and believe in. The lack of established process results in discrepancies in outcomes; refuting the idea of equality before the law. Objectivity is essential to due process, and working with the victim eliminates the possibility of legitimate and fair consequences. This includes both extremes, harsh punishment for a minor crime and or no punishment for a harsher crime. The decision rests in the hands of a common citizen, who is usually virtually uneducated of the process of law as compared to appointed justices. Justices are appointed to fairly evaluate the situation and proceed in accordance with the law, and restorative justice can give too much power in the hands of those in the…

    • 600 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Court Issue Analysis

    • 1255 Words
    • 6 Pages

    As society changes, the criminal justice system must also change. As the criminal justice system changes it is important to identify areas of the court system that needs changes. Portions of the court system facing changes are the way courts are managed including their problems and resolutions. Victim’s rights have emerged as a new trend in the courts as victims are given the rights to intervene in cases, prior to sentencing. In the future, the courts face a loss of cases to a potential private sector of courts such as arbitration and mediation. These changes and issues should be understood in order for the courts to match the emerging trends.…

    • 1255 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Court Systems

    • 1646 Words
    • 7 Pages

    In everyday life all over the world there are law enforcement officers, lawyers, judges ', government officials and even accused criminals that are looking forward to some type of reprieve from the United States Court System at some level. The court system that we depend on from the smallest criminal act to something that happens that test the very foundation of our constitution to make decisions to change life, life styles or public interaction (local or worldwide). In this paper we will write about research and discuss the elements and components of the court system from a prior criminal court proceeding; identify and describe the distinguishing features of the major court systems, that include both the state-level superior courts and federal district courts up through all appellate courts including the U.S. Supreme Court. Included will be key players, jurisdictional rules and interpretation issues , and the effect of evolving technologies on court proceedings at each level; then describe where you can see or read these ideas in a court case.…

    • 1646 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    One reason law is essential to the efficient operation of a society is that it provides a consistent, fair and just way of governing a community. It is extremely important that every member of the community has a fair trial and course of justice, as well as the idea that no one is above the law, and no person is allowed to take justice into their own hands, as outlined in Dicey’s rule of law. This is demonstrated through the case study of Simon Gittany. Gittany was accused of murdering his fiancée. He received procedural fairness as he had the charges he was accused of made aware to him, a judge was present to sentence him and he was given the right of a fair trial. Further from this, Gittany requested a judge-only trial, or a trial with the absence on a jury, due to the high media speculation that surrounded the case. This ensured that the verdict was just, as a jury may have been susceptible to the influences of the media, rather than a judges’ impartial viewpoint. This example highlights the law’s fair and just nature, however, the legal system and a judicial decision may not always fair due to factors such as financial status, a language barrier, insufficient or new evidence arising or high media coverage of a case. The issue of financial cost can influence the accuracy of a verdict as legal…

    • 1307 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Criminal Justice Sytstem

    • 2547 Words
    • 11 Pages

    The effectiveness of the law can be evaluated based on the access and equality of the law, its enforceability, resource efficiency, protection of individual rights, and a means to establish a balance between the rights of the society and individuals. To act effectively, the criminal justice system must render equal treatment to everyone, regardless of their income, education, age, social status or ethnicity. If it is discovered that an individual has been discriminate against, then the criminal justice system is deemed to have failed if its task. Equality before should have effective adaptations in order to suit the changing values and attitudes…

    • 2547 Words
    • 11 Pages
    Better Essays
  • Better Essays

    Spohn, C (2002) How do judges decide? ‘The quest for fairness and justice in punishment. Thousand Oaks,’ CA: Sage Publications http://www3.interscience.wiley.com/journal/118594874/abstract.html. Accessed 20/11/08.…

    • 1252 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Justice is the linchpin of a society. Without a system of laws that reflect it, a nation’s government will lose its credibility among its governed.…

    • 1807 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The idea of justice is one applicable to various facets of life due to the possibility of conflict that exists in the space of interpersonal interactions. Modern society allocates the task of making these decisions to the criminal justice system, which is thereby the primary destination when seeking fairness and equality in justice. However, the reality is less than ideal since here are various elements that can curtail the delivery of equal justice, such as racial and socioeconomic backgrounds among other factors. As a result, there is an increasing need for the criminal justice system to come to terms with the biases that hinder the effective delivery of justice and thereby create imbalances in our society. In order to achieve this notion of equality in the delivery of justice, it is thereby imperative for the justice system to…

    • 1200 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Law Reform Essay Year 11

    • 636 Words
    • 2 Pages

    Law reform is the process by which the law is adapted and shaped over time to better reflect the social values that society feels are important. The law cannot stand still. A key function of the legal system is to respond to changing values and apprehensions within society, resolve issues as they develop, overcome problems that occur in legal cases or events, support equality and respond to scientific or technological developments. Law reform is crucial if the law is to remain significant to a changing society. There are a few conditions that give rise to law reform, these include, changing social values, changing composition of society, new concepts of justice, failure of existing law, international law and new technology. Agencies and mechanisms of law reform also assess the effectiveness of law reform.…

    • 636 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Discuss the meaning of justice. Critically analyse the extent to which the law is successful in achieving justice, and discuss the difficulties which is faces in seeking to do so. (30 marks + 5 AO3)…

    • 3979 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    The concept of justice involves fair, just and equal treatment. These facets are found in a person’s personal, moral courage and integrity however fairness and equality can often be limited by prejudice and discrimination. This means that those who fall victim to injustice are not subjects because of their own actions but are rather victims of a system, society or collective action.…

    • 1309 Words
    • 6 Pages
    Good Essays
  • Good Essays

    While the problem of delay looks daunting, it can be dealt with, by having more fast track Courts, making judicial services more attractive thereby attracting good lawyers and filling up all vacancies at various Courts. We can conclude from the above discussion that we should not resort in extra-ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is equally true. Therefore, sufficient, reasonable and due hearing of every cases with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice in spite of so many difficulties, which created faith of public in the rule. Of law is a great achievement, which really requires deep appreciation. Social justice will be possible only if the entire concept of egalitarian politico-social order is followed, where no one is exploited, where every one is liberated and where every one is equal and free from Hunger and poverty. The proverb ‘Justice Delayed is Justice Denied' is proved as it is denied to the poorest of the poor. Providing basic necessities to them will amount to Justice because the definition of justice varies from individuals to individuals on the basis of its economic conditions. According to B.P.Singh J the situation today is so grim that if a poor is able to reach to the stage of a high court, it should be considered as an achievement. Cases should be decided for imparting justice not for the sake of its disposal. Secondly, Arbitration procedure must be utilized as a better option for quick disposal of cases. Finally, to conclude with the words of Lord Hewet as it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be…

    • 323 Words
    • 2 Pages
    Good Essays