Justice simply means fairness, rightness, (what is) good and reasonable. The purpose of law, courts and the legal system is to do justice. The law aims to punish an offender in proportion to guilt and the injury done to a victim.
Justice is a tripartite affair i.e divided into three parts. In civil law, justice means; justice for the injured person, justice to the wrongdoer and justice for the state. In criminal law, it means; justice for the complainant, justice to the accused and justice for the state.
In upholding the cause of justice, Lawmakers should make laws that are just and reasonably justifiable. The courts should also do justice by ensuring that there is fair hearing of parties and correctly apply the laws without fear or favor. There are two main kinds of Justice:
1. Formal Justice
This is the strict, mechanical and impartial application of the law by a judge without sympathy, insight, discretion or consideration of special circumstances which may ordinarily deserve leniency.
2. Substantial Justice
This is the liberal and purposive interpretation of law where a formal application of law will lead to hardship, absurdity or injustice. Substantial justice led to the formulation of Equity.
See R v Sussex Justices, exparte McCarthy (1924) 1 KB 256, FCSC v Laoye (1989) 2 NWLR pt 106, p 265
إرسال تعليق