What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...

Rule of Law: Meaning and Object

Rule of Law

Meaning:



The Rule of Law is one of the pillars of democracy. It means the rule of the Government is according to the procedure established by law, not according to mercy of the executive. Lord Hewart defined it as "supremacy or the preponderance of law as against arbitrariness". According to Professor Dicey the main features of the rule of law are:
(a) Absence of arbitrary power on the part of the Government. It means that the state must make a distinction between regular and arbitrary power.
(b) It guarantees the equality before the law. Dicey says, "not only that no man is above the law", but is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals".
(c) "The Constitution is part of the ordinary law of the land".
The rule of law is a basic structure of the Constitution apart from democracy.
The rule of law postulates the pervasiveness of the spirit of law throughout the whole range of Government in the sense of excluding arbitrary official action in any sphere.
The "Rule of Law" is an expression to give reality to something, which is not expressible.
The rule of is based upon the liberty of the individual and has as its object, the harmonizing of the opposing notions of individual liberty and public order.
In a modern democratic State, the rule of law acts as "a system of Government devised to ensure the dignity of the individual".

Object:

The object of rule of law is mainly threefold-
Firstly, to ensure "a just society based not on power, status or wealth but on the dignity of the citizen".

Secondly, to maintain; "civil and political rights of man in a free society "; and
Lastly, "to establish social, economic and cultural conditions in which man's legitimate and just aspirations and dignity may be fully realised."

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