Nationals of any Contracting State and persons habitually resident in any Contracting State shall be entitled to legal aid for court proceedings in civil and commercial matters in each Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
Tag: Justice
World Conference on Constitutional Justice – Judicial dialogue between constitutional judges on a global scale
According to its Statute, the World Conference has three organs, the General Assembly, the Bureau and the Secretariat. The General Assembly is chaired by the Host Court of the Congress. The last host was the Constitutional Court of the Republic of Lithuania. The Presidency of the Bureau is ensured for one year by rotation between the groups.
The Principles of ‘Justice’- H.M. Hyndman, William Morris, and J. Taylor-1884
Party government indeed means nothing better than party trickery to those who furnish the entire wealth of the country. Tories and Liberals only vie with one another as to which shall most dexterously shelve the pressing social questions of our time. We look for no improvement whatever under the existing Parliamentary system.......
Justice Traditions of Multiple Jurisdictions
Current Updates
Constitutional vision of Justice in connection with Sec 125 of Cr.P.C
Of late, in this very direction, it is emphasized that the Courts have to adopt different approaches in "social justice adjudication", which is also known as "social context adjudication" as mere "adversarial approach" may not be very appropriate. There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society.
Administration of Justice-Court Fees and Access to Justice
The principle that the costs of administration of justice should be met entirely through court fees levied on users is termed as `full cost recovery’. In this chapter it is proposed to examine the practice in some of the commonwealth countries where this principle which was applied long ago, has now been either modified or given up altogether. In fact, a survey of the available literature reveals that the full cost recovery principle has been found to be wholly unsupportable and is not accepted in any country in the Commonwealth or in Europe.
History of the Common Law right of ‘access to justice’
In India, there can be no doubt that the citizens had always access to the King, right from the time of Ramayana according to our history. When the Indian Courts later absorbed the common law of England, the right to access to courts became part of our constitutional law, even long before the coming into force of our Constitution. That continued even after the Constitution because of Article 372. We wish to refer to two interesting cases that arose in the pre-independence era which would indicate that concept of a non-derogable right of access to justice was recognised and enforced by the courts in this country.
What is the meaning of ‘in the interests of justice’
Justice is a principle which regulates the distribution of things, valued by men awarding them to some, denying them to others. It is, at the same time, a principle whereby each man's worth is appraised. Justice gives to "every one that which is his." It is not a free gift from the Court.
Meaning of ‘purposes of justice’
Justice may be defined in various ways and has been so diversely defined through centuries of legal evolution. Leaving aside Plato's idea of justice as based on the differentiation of citizens according to status and capacities.
Justice
Justice is the act by which the Society/Court/Tribunal gives to a man what he is entitled to, as opposed to protecting against injury or wrong. Justice is the rendering of what is right and equitable towards one who has suffered a wrong. Therefore, while tempering the justice with mercy, the Court has to be very conscious that it has to do justice in exact conformity to some
obligatory law for the reason that human actions are found to be just or unjust as they are in conformity with or in opposition to the law.
What is social justice
Social justice (Civil Justice) Social justice, sometimes called civil justice, is a concept largely based on various social contract theories. Most variations on the concept hold that as governments are instituted among populations for the benefit of members of those populations, those governments which fail to see to the welfare of their citizens are failing to uphold their…
Distinction between illegality and irregularity vs express prohibition and express provision in Cr.P.C
What is Justice - The essence of the matter does not lie there. It is embedded in broader considerations of justice that cannot be reduced to a set formula of words or rules. It is a feeling, a way of thinking and of living that has been crystallized into judicial thought and is summed up…
Judicial justice what is
Judicial justice Supreme Court pointed out in M. H. Hoskot. v. State of Maharashtra, (1978) 3 SCC 544): "Judicial justice, with procedural intricacies, legal submissions and critical examination of evidence, leans upon professional expertise; and a failure of equal justice under the law is on the cards where such supportive skill is absent for one…
Of the other Lawes of Nature-Thomas Hobbes 1651
The word injustice relates to some Law: Injury to some Person, as well as some Law. For what's unjust, is unjust to all; but there may an injury be done, and yet not against me, nor thee, but some other; and sometimes against no private Person, but the Magistrate only; sometimes also neither against the Magistrate, nor any private man, but onely against God; for through Contract, and conveighance of Right, we say, that an injury is done against this, or that man.
Article 142 Constitution of India
Article 142 Constitution of India- Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree…
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