Concept of Administrative Justice

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

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

Concept of Justice-

The concept of justice become more conspicuous with the growth of State which ensures justice to it people through the instrumentality of law. The essence of legal justice lies in ensuring uniformity and certainty of law and at the same time ensuring that rights and duties are duly respected by the people.

Importance of Administrative Justice-

By nature man is the dominate nature and wants to enjoy his liberty , liberty which consist in the power to do everything that does not injure another. Thus liberty implies freedom of action so far permitted by law. It therefore, 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 were only persuasive (influential) in nature, and do not have the power to punish the wrong 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.

Kind of Administrative Justice-

There are two kind of Administrative justice-

1. Civil – it is also called the private wrong. It is violations of civil or legal rights of individuals called civil injuries. The object of it is enforcement of rights.

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