In the past people had no free access to law, legal knowledge and legal services. People had no easy access to court, judge and judicial system. The common man only felt the courts an elite class luxury and law an instrument of oppression in the hands of influential class with a trained mind set to use the law always in their side.
Still people dreamt of justice, wanted justice and found justice not within their reach.
To-day knowledge of law and awareness as well legal literacy has increased in all the sections of society. As a result now they demand justice.
They insist on its timely delivery,justice without delay. In fact Justice is the business of legal system . The consumer decides it by his expectations.
Of course,it is difficult for a monopoly service system to respond to such expectations,
What is the expectation of a consumer of legal system. He expects law to serve him, to fulfil his need.
When a person goes to the court he expects that he should have an order of an authority in his favour which he can get enforced if situation so demands. Other he expects that he should not be dominated by any body against his will. Whenever he feels the pressure of anything causing discomfort to him he goes to the court complaining against the person and discomforting element.
Now here e is willing to win a verdict in his favour. His anticipation is to win.
But in the system there is no guarantee for any person for his win because the system will first look into law, hear the other side, look for the precedents and hen weigh pros and cons to arrive at a finding.
But still there may be one guarantee and that guarantee is the essence of any effective justice delivery system.
The guarantee of fair play, a fair hearing and a fair trial affords the consumer of the system a fair level of satisfaction. Even if he fails to achieve success as per his own expectation, this element of really fair trial gives him satisfaction and courage.
Any thing that dents this aspect of fairness of hearing, trial, denies him that response to his expectation.
Unmanaged risks endanger the response of the system to his expectation.
Procedural rules are effective tools to manage such risks to fair trial. The procedure laid down and evenly executed and implemented are real risk handling equipments and an assurance for fairness as well an insurance for the expectations of a suitor.
Still people dreamt of justice, wanted justice and found justice not within their reach.
To-day knowledge of law and awareness as well legal literacy has increased in all the sections of society. As a result now they demand justice.
They insist on its timely delivery,justice without delay. In fact Justice is the business of legal system . The consumer decides it by his expectations.
Of course,it is difficult for a monopoly service system to respond to such expectations,
What is the expectation of a consumer of legal system. He expects law to serve him, to fulfil his need.
When a person goes to the court he expects that he should have an order of an authority in his favour which he can get enforced if situation so demands. Other he expects that he should not be dominated by any body against his will. Whenever he feels the pressure of anything causing discomfort to him he goes to the court complaining against the person and discomforting element.
Now here e is willing to win a verdict in his favour. His anticipation is to win.
But in the system there is no guarantee for any person for his win because the system will first look into law, hear the other side, look for the precedents and hen weigh pros and cons to arrive at a finding.
But still there may be one guarantee and that guarantee is the essence of any effective justice delivery system.
The guarantee of fair play, a fair hearing and a fair trial affords the consumer of the system a fair level of satisfaction. Even if he fails to achieve success as per his own expectation, this element of really fair trial gives him satisfaction and courage.
Any thing that dents this aspect of fairness of hearing, trial, denies him that response to his expectation.
Unmanaged risks endanger the response of the system to his expectation.
Procedural rules are effective tools to manage such risks to fair trial. The procedure laid down and evenly executed and implemented are real risk handling equipments and an assurance for fairness as well an insurance for the expectations of a suitor.
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