Importance Of Judiciary Essay

938 words - 4 pages

Sidgwick says: "The importance of the Judiciary in political construction is rather profound than prominent. In determining a nation's rank in political civilization, no test is mare decisive than the degree in which justice, as defined by the law, is actually realized in its judicial administration. " Lard Bryce writes: "If the law be dishonestly administered, the salt has last its flavaur; if it be weakly and fitfully enforced, the guarantees .of .order fail, far it is mare by the certainty than by the severity .of punishment that .offenders are repressed. If the lamp .of justice goes out in darkness, haw great is that darkness." Again, "There is no better test .of the excellence of a Government than the efficiency .of a judicial system; far nothing mare clearly touches the welfare and security of the average citizen than the feeling that he can rely an the certain and prompt administration of justice." Laski says: "When we know haw a nation-state dispenses justice, we know with exactness the moral character to which it can pretend." George Washington says: "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 ta Bentham, "The administration of justice by the state must be regarded as a permanent and essential element .of civilization and as a device that admits of no substitute."

It is unfortunate that while the people attach too much importance ta the legislature and the executive, the judiciary is usually ignored. The man in the street does not understand and appreciate the important part played by the judiciary in safeguarding the liberties .of the individuals. Students .of the Stuart period of the history of England know that in spite of the arbitrary rule of the kings, the people did not suffer much as the strong judiciary of England acted as a shield ta protect the individuals. Wherever the judiciary is strong and not subservient, the executive dare not act arbitrarily in its relations with the people. If a person is unlawfully arrested, a writ of habeas corpus can bring that person to the court and he can be detained in jail only if the police or the executive can convince the judge concerned that his detention is according ta law. The judiciary will see ta it that the rights of the pea pie are protected. Once the law has been made, it cannot be given any arbitrary interpretation by the executive. It is up ta the courts ta decide the meaning of the law. Experience shows that the judgments given by the judges depend upon the individuality of the persons concerned. If a judge is a communalist, his judgments will be vitiated by his...

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