Of the great variety of kinds of argumentation used in the law, some are persuasive rather than strictly logical, and others exemplify different procedures in applied logic rather than the formulas of pure logic. From that point onward, a more or less continuous history of such reflection can be traced up to the present day. As is true with the history of philosophy more generally, one can observe over the centuries changes not only in the theories set forth but also in the central questions about law that such theories were meant to answer.
Contact Us Search Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of the time through out the world.
To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favor or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength.
Ancient Indian culture pays a similar tribute to dispensers Morality in the judicial process essay justice and the Upnishads also proclaim that Law is the King of Kings. It is more powerful and rigid than they Kings.
There is nothing higher than law. By its power the weak shall prevail over the strong and justice shall triumph. Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights in the process of dispensing justice.
But in the modern days there has been a precipitate diminution of admiration and a sharp erosion of the constitutional and judicial values which ought to actuate the administration of justice.
Keeping the morality of the constitution or preserving, perfecting, and perpetuating it, has evolved as the greatest challenge for the contemporary States in the twenty first century.
The essay aims at a critical evaluation of current status of Constitutional Morality and Judicial Values under Indian scenario. In a democratic order the concept of constitutional morality and judicial values assume myriad dimensions and implies several consequences to the dignity and freedom of the individual.
Constitutional morality means adherence to the core principles of the constitutional democracy. For Ambedkar, moral fabric of the society, governed and the governance must be strong.
In other words, public conscience, moral order and constitutional morality- ethics of politicians, that constitute the core of policy making, must be very sound and strong if democracy is to survive for the long period of progress and prosperity for the common people. Thus the scope of the definition of Constitutional Morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution, a socio-juridical scenario providing an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists.
The values that are identified as fundamental by the Judiciary in administering justice are considered as judicial values. The courts being the intermediately between the people and the other organs of the state, is vested with power to scrutinize legislation and administrative actions on the anvil of the constitution and the law in matters brought before him.
Sukra Neeti IV enumerates five vices, i raga leaning in favour of a partyii lobha greediii bhaye feariv dvesha ill-will against anyone and v vadinoscha rahashruthi the judge meeting and hearing a party to a case secretly, i.
Socrates counseled judges to hear courteously, answer wisely, consider soberly and decide impartially to guarantee judicial diligence. Diligence, in the broad sense, is concerned with carrying out judicial duties with skill, care and attention, as well as with reasonable promptness.
Independent and fearless judiciary is primarily responsible for retention of the parliamentary democracy, protection of constitutional values and fundamental rights of the people. The implications of Constitutional Morality without Judicial Values and judicial values without Constitutional Morality are equally absurd.
Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with values and ethics.
Where judicial diligence is absent and judicial integrity is questioned Constitutional Morality cannot be upheld. The fruits of the morality of Constitution are enjoyed where the people can come to the courts to redress their grievances, and it is pertinent to note that it is not only important they are heard, but it is important, they believe they have been heard.
Constitutional morality and judicial values are both inextricably entangled to deliver justice to the sovereign mandate. The judiciary being the custodian of Indian constitution is entrusted with obligation to incorporate judicial values in its undertakings to ensure the achievement of constitutional goals.
To uphold the majesty of law and constitution for the public interests the constitutional morality shall be complemented and supplemented by the judicial values. The Preamble spells out its pledge of justice, social, economic and political and We, the people of India are the beneficiaries of a Socialist, Secular and Democratic order.
The founding father of our Constitution, Dr. Ambedkar warned the nation in its burgeoning stage itself the significance of strong adherence to the morality of the Constitution and judicial values. India Constitutional Morality and Judicial Values: A Pre and Post Keshavandha Bharathi Case Analysis Our constitution is a great evolving document whose meaning is so dynamic that new dimensions unfold themselves as time passes and zigzag developments overtake society.
Inevitably, thoughts on the Constitution do not stand still as the dialectic of each period imparts fresh interpretation in the light of social change.
The Constitutional history of India also has annals of such a pragmatic change in the construction and interpretation of the provisions of the Constitution. A critical analysis of the Pre- Keshavanandha Bharathi Case elucidates that an action is decided as in congruence to Constitutional Morality and Judicial Values when it falls within the ambit of the literal meaning of the constitutional provisions where the intention behind such provisions were generally ignored.
But, by a stoke of judicial creativity, in the Keshavandha Bharati Casethe court discovered the existence of a basic structure and basic features too inviolably paramount to be truncated even by the Constituent power of the Parliament and upheld the spirit of Indian Constitution which is easily discernable not only from the Preamble but the whole scheme of the Constitution.Morality in the Judicial Process Essay examples Justices must by necessity implicitly or explicitly consider questions of wisdom, justice, social harm and morality when .
In law and ethics, universal law or universal principle refers as concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most legitimate.
One type of Universal Law is the Law of Logic which prohibits. Morality Essay. Morality Through out the evolutionary process of rules and regulations that we abide by, we come to a discrete conclusion that religion and its "morality" have complete power over our beings. Morality is the quality of being in accord with standards of right or good conduct.
Morality and the Law The United States likes to think of itself as a highly evolved nation and that its judicial process is one of the fairest and least corrupt in the world. That might in fact be true but it by no means makes the American judicial system perfect by any stretch of the imagination.
Published: Mon, 5 Dec Capital punishment is defined as execution as a punishment for a person convicted of committing a crime. This form of punishment is usually perceived in the United States as being reserved for crimes such as aggravated murder, felony murder, and contract killing, but in reality the application of capital punishment varies widely.
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