Nickson s masue
New Member
- Jun 28, 2024
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FOLLOW JUSTICE AND JUSTICE ALONE
The notion of justice is more ancient than that of law. The concept of justice is based upon and is equated with moral rightness (ethics), rationality, law, natural law, fairness, righteousness, equality, goodness, and equity.
Justice is fairness in protection of rights and punishment of wrongs. It denotes the quality of being fair and reasonable. This involves the identification and articulation of the values that the legal order seeks to realize.
We may have some laws and regulation that stipulate rights and duties of people but in them justice may not be obtain, we may have legal system that contain judges, advocates, attorneys, prosecutors and others activists, but they may not produce justice.
Justice is manifested in main three angles one be equity in law which enacted, second is equality before the law at the point of implementation and third impartiality at the time of interpretation of the law, making decision and arriving to judgment.
Justice is perverted mostly in our legal system by partiality or favoritism in which at the end judge found himself unable to entertain matters fairly.
Also justice is perverted at the time of enacting laws by ignoring the essential of making keen consideration of equity in each rights and duties which are incorporated in the document, and therefore when this law come in operation fails to give an assurance of equality before the law to every person, since some are regarded to have privilege and power over the others.
In the preamble and foundation of our constitution, (The Constitution of United Republic of Tanzania of 1977 as amended from time to time) it lay the following words to be as the reference of the foundation of our nation during the independence,
“WHEREAS WE, the people of the United Republic of Tanzania, have firmly and solemnly resolved to build in our country a society founded on the principles of freedom, justice, fraternity and concord”.
The question to ask ourselves is that, have we built that country with a society that has justice or it remains to be just a word and scripture like other scripture and word in other books with no consideration.
The other question to ask ourselves is that, the laws which were enacted are they built there foundation in this principle of justice for the aim of create society which has justice or in otherwise the laws enacted bring pain, suffering and favoritism to the society.
The last question to ask ourselves is that, our courts system are they helping the society through constitution to lay down the strong foundation of the country that built society with the principle of justice through it neutrality power or in otherwise they in a line to undermine justice in society.
In dispensation of justice the Constitution further proved several requirement for the judiciary to arrive to the desired justice. The law say; in Article 107A.-(1) The Judiciary shall be the authority with final decision in dispensation of justice in the United Republic of Tanzania. (2) In delivering decisions in matters of civil and criminal matters in accordance with the laws, the court shall observe the following principles, that is to say –
(a) Impartiality to all without due regard to one’s social or economicstatus;
(b) Not to delay dispensation of Justice without reasonable ground;
(c) To award reasonable compensation to victims of wrong doings committed by other persons, and in accordance with the relevant law enacted by the Parliament;
(d) To promote and enhance dispute resolution among persons involved in the disputes.
(e) To dispense justice without being tied up with technicalities provisions which may obstruct dispensation of justice.
Therefore, based in this short analysis it seem there is shortfall in implantation and lay proper foundation as it was incorpated in preamble of our Constitution to built a strong country which the society attain the high level of juctice and enjoy the laws of the country together with their legal system.
Never the less Justice is one among of the United Nation’s goal to ensure sustainable development among state in the world. In recognition of the value of development of each state and community justice has to be give priority.
It is impossible for a state or community to prosper and attain sustainable development if there are people who denied justice or they are unable to access justice. Love and unit last in a state when justice is available and accessible to everyone, therefore peace will be permanent and every person shall enjoy to work freely in attain sustainable development because of the assurance of the protection of his or her rights through accessibility to justice.
Written By:
Nickson S Masue
Phon: 0718810772
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