Law - Delivery and execution
Post date: Oct 15, 2009 6:11:22 AM
This is well described by Warren E. Burger in an address to the American Bar Association: “Ideas, ideals and great conceptions are vital to a system of justice, but it must have, more than that – there must be delivery and execution. Concepts of justice must have hands and feet or they remain sterile abstractions. The hands and feet we need are efficient means and methods to carry out justice in every case in the shortest possible time and at the lowest possible costs”.
ARTICLES OF LAW
By BHAG SINGH
The administration of justice does not depend on laws alone. The administrative machinery plays a crucial role, too.
IT IS often felt that many difficulties and problems that are encountered are caused by inadequate or outdated laws.
Thus it comes as music to the ears when a high-ranking official says that all laws that impede business growth and development are being looked into. Even Aristotle once said that when laws had been written down, they ought not to always remain unaltered.
Whilst it is desirable to review, repeal or amend laws that are no longer relevant, such action is no guarantee that the difficulties faced earlier can be avoided in future.
Nature of law
One may think that by enacting a new law or amending an existing one, all difficulties and obstacles will be removed and everything will proceed smoothly. But this is often not the case because no Act or Enactment can provide a complete answer to a specific situation.
As stated by Oliver Wendell Holmes in The Common Law: “The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men. It does not attempt to see men as God sees them”.
The incomplete nature of law is also reflected in the words of Plato in Politicus: “Law can never issue an injunction binding on all which really embodies what is best for each; it cannot prescribe with perfect accuracy what is good and right for each member of the community at any one time. The differences of human personality, the variety of men’s activities and the inevitable unsettlement attending all human experience make it impossible for any Act whatsoever to issue unqualified rules holding good on all questions at all times”.
It is for this reason that the existence of laws, however complete and all-embracing, is not enough. It is the utilisation of these laws by the judges who adjudicate disputes in the context of the factual and sometimes contractual matrix that the desired end result is to be obtained.
Yet when difficulties are encountered in establishing and enforcing rights, there is often a tendency to blame the law for its inadequacy, and ask for a change in the law. An example of this is claims arising out of personal injuries or damages in which insurance companies are involved.
Insurance claims
There is on-going discussion about the plan to revamp the motor insurance claims scenario and perhaps establish a no-fault claims procedure or such similar scheme.
The existing grievances centre around the difficulties and delays faced by a person who has suffered personal injuries or property damage as a result of a motor accident and wants to claim against the other party who is at fault.
To start with, it is said that the other party seldom responds to the initial demand of the aggrieved party. Otherwise the aggrieved party may be referred to the insurers who will ask for details of what is to be claimed and the basis for such claim.
If the other party is identified or otherwise known, such party may provide the necessary information about himself and his insurers to the aggrieved party. Otherwise if only the number of the vehicle is known, the aggrieved party will have to obtain the information from the relevant department.
The aggrieved party will also have to obtain the police reports, sketch plan and details of any prosecution instituted against the other party, and the outcome of the prosecution, if available.
Short of expectations
People sometimes complain that they are given the run-around by the insurers. In most cases, what the insurers offer may fall short of the expectations of the aggrieved party.
Where there has been a prosecution in court, the notes of evidence should be obtained where available. These would provide further evidence and assistance in the prosecution of a civil claim. Whether it has a positive or negative effect is a separate matter.
In the past, such matters might drag on in court for many years. In the end, many matters got settled because the other party had reached a stage where the matter could not be further delayed and the aggrieved party was also exhausted.
When this scenario is looked at, it is difficult to see how and where the law is at fault. The delay could be caused by delays encountered in obtaining the documents and the attitude of all parties involved.
Therefore, rather than change the system and the laws, it would be beneficial to take a critical examination of who was the cause of the delay, and why.
As the courts have begun to dispose of cases at a speed never seen before, delay by the courts is no longer a factor. If there are delays and difficulties in obtaining the documents, this can only be attributed to obstacles in the relevant departments.
All this leads to the conclusion that the administration of justice depends on the administrative machinery and not on laws alone.