Idea of Administrative Justice


The two most important function of a state are- War and Administration of Justice. If the state fail to fulfilled these two objective it can not be referred to as the rightly the State. Administration of justice implies the peace and order with in a political community by signifies of physical force of the State.

Lord Bryce rightly mentioned that- there can be no greater test of the excellence of a Government than the efficiency of its judicial administration.

Concept of Justice-

The concept of justice grow to be a lot more conspicuous with the development of State which guarantees justice to it individuals by means of the instrumentality of law. The essence of legal justice lies in ensuring uniformity and certainty of law and at the identical time making sure that rights and duties are duly respected by the men and women.

Importance of Administrative Justice-

By nature man is the dominate nature and desires to enjoy his liberty , liberty which consist in the energy to do every thing that does not injure one more. As a result liberty implies freedom of action so far permitted by law. It for that reason, follows that legal liberty depends on the existence of the authority of the sate.

Origin of Administrative Justice.  The administration of justice evolve in civilized society in the stages-

First State– Primitive Society- when the society was primitive and private vengeance (revenge) and self help.

Second State– Emergence of State, and its function have been only persuasive (influential) in nature, and do not have the power to punish the incorrect doer.

Third State- State exerted its authority and capable to punish the wrong doer.

Advantage and Disadvantage of Administrative Justice

-Merit- Uniformity, certainty, impartiality and equal.

-Demerit- Rigidity, formality, and complexity of law.

Sort of Administrative Justice-

There are two type of Administrative justice-

Civil – it is also called the private incorrect. It is violations of civil or legal rights of men and women known as civil injuries. The object of it is enforcement of rights.

Criminal- it is also referred to as the public wrong.  It is the violations of public rights and duties which impact community as a whole and are named crime or misdemeanours, and punishable by State. The object of it is to punish the offender