There can never be a functional legal system if it is not transparent. When people turn to the courts they naturally expect the judges and prosecutors to act with ethics and honesty. But if the people responsible for applying the law are dishonest the very foundation on which justice rests will be shook to a standstill. The confidence which people will have in a transparent rule of law will somehow urge them to be law abiding and respectful of the law and its expectations.
Court cases are brought before the courts to be finalized and concluded. The remedies that the courts give are anticipated with much anxiety and nervousness so it is crucial that the law be applied with efficiency. The speedy conclusion of court cases means justice prevails instead of frustration and anxiety. Instead of postponing hearings over and over again the courts must see to it that cases are brought to a close speedily whilst at the same time bringing about a fair and equitable conclusion to cases.
The law is useless if it is applied unjustly and unfairly. Justice is best served when the best possible outcome that pleases both parties is achieved. There are enough instances where money prevailed over justice and criminals went on to commit the same offences as the ones they were charged for in the very beginning. So for a legal system to be deemed good it must see to it that justice and fairness prevail over any other competing interests.
Corruption is when a benefit is given or accepted in exchange for a favor. Even though corruptibility is inescapable like oxygen it is best fought in the courts than anywhere else. The people entrusted with applying and enforcing the law must not accept bribes from the wealthy who wish to have the outcomes of cases sway in their direction. There is no real use in having the law if the people entrusted with the responsibility of protecting it are corrupt themselves; they must lead by example if they want others to respect the law.
In any country there are lower courts and higher courts. Whenever a person isn't satisfied by the decision in a lower court they have the right to appeal on the basis of the improper application of the law or procedures. This system of checks and balances is a healthy scenario to have and it actually rids the justice system of corruptibility and inefficiency.
For a justice system to run smoothly it must be free of government influence. There will always be situations where government officials get trapped in legal battles that threaten their political careers. As expected these officials do almost everything in their power to make sure that they remain free and out of prison. To avoid this guardians of the law must be independent of government influence and separatist.
And before anything gains precedence over the law there must be accountability. If any judge; prosecutor or policeman does anything wrong he should come out in the open and confess. This accountability raises the people's confidence in the law.
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Article Added on Tuesday, January 5, 2010
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