Essay: Provision of Justice can Strengthen Democracy
Justice and democracy
Outlines:
1. Introduction: Justice and democracy.
2. Need of good judicial system for democracy.
3. Fundamental rights through legal document of Pakistan (Constitution).
4. Responsibilities of a judicial organ in a democratic state.
Conceptualization.
6. Conclusion.
Justice and democracy are complex notions. By justice, we mean a set of principles whose function is to distribute entitlements’ to valuable resources including liberties, opportunities, income and wealth among a plurality of agents competing over them. By democracy, we mean a set of collective decision-making processes in which those who belong to a particular group have an equal say in determining the rules that should govern them. Although this principle can be utilize in different Ways. It always Involves protecting citizens' rights to free speech, expression and association. Elections determine to hold political office and will govern the community, and giving all adylt members of the population- an equal right to vote.
For democracy to flourish, there must be a proper system of judiciary. Without that, a democracy would end up as a de facto totalitarian entity. The founding father of Pakistan emphatically expressed his, vision of the judicial system as an independent institution for public service on merit, free from the undue influence.
The current systemic fault in Pakistani judicial system is that it stands deprived of its basic institutional feature of independence for impartial decision-making. Ill-governance also badly impacts on the functioning of the democracy. It is obvious that the cases are massively mutilated at the investigation stage, it would become mighty difficult to sort them out at a subsequent judicial forum.
Comprehensive democratic rights are enshrined in the segment of our constitution titled ‘Fundamental Rights and Principles of Policy’. The fundamental rights guaranteed to all
citizens indude the right of Me and liberty (Article 9), of the dignity of man (Article 14), of property, as well as conypensation, if necessitated, (Articles 23 and 24), and of welfare facilities as recorded in the constitution. The availability of these fundamental rights can strengthen the democracy in Pakistan.
Justice and democracy both are well-connected concepts. There »s no concept of justice without democracy and we cannot see complete democratic system without the availability of justice or independent judicial system. Justice ensures democracy and democracy completes the availability of Justice. We cannot can democracy as a real system for the betterment of people without the availability of justice. The provisions of justice based on equity strengthen the democratic values.
In a liberal democratic state, the judiciary has four main responsibilities including formulating the rule of law through the interpretation and application of law to respond with a verdict, settling disputes, checking legality and being a player in state politics. To accomplish these four duties, the basic principles of a liberal democratic state must be upheld along with the principles of a legal democracy and state. The judiciary also has to interpret and apply the law along with the constitution and to provide impartial adjudications of disputes between the state and individuals, between individuals, and between different levels of government within the state.
So we can conclude that the judiciary, the availability of justice and the provisions of justice in a democratic state are the most important factors or elements for the success of democracy and it can strengthen the fundamentals of democracy.
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