Administrative Justice - Essay Example

Administrative Justice Module In any country, it is critical to hold responsible the government and public officials for actions taken against the spirit of the constitution. The ideals of any country with developed governance systems, as noted in the UK, require an oversight body that protects the citizenry from any form of abuse. The government needs to affirm that it still follows the values that guide them from limiting their involvement in public service. The important thing is to understand that the statement of values to integrate the government activities must work towards improving service delivery based on what the constitution stipulates. Administrative Justice System The concept of having an administrative justice system is a great way of dealing with issues as they arise in the political arena. The importance of this system mainly borders on the heightened consciousness that seeks to justify the impact that the Constitution plays in checking the main attributes within the governance of the society1. Recognition of the system in the administration of any country requires a willing political climate that can express and identify the various attributes that fuel interest in the realization of a just society. Most of the systems across the world, as noted in Australia, receive appreciation for its identification of the maximum good it has in settling different goals within the system2. Administrative law allows the concerned parties to come up with new policies and institutions that will assist in safeguarding the interests of the society rather than working towards the needs of a few. The goal is to entrench these views in the realization of a society that appreciates the rule of law. The administrative law in the UK allows people to understand that their decisions will play a big role in identifying what is essential for the administration of justice3. The government regulates everyday livelihood, and as such, should not operate without a limit that principally articulates the principles of administrative justice. For judicial systems that acknowledge this fact, it is very easy to deal with the issues within the criminal justice system that impede the realization of everyday goals4. The government requires the constitution to act as the principal landscape through which the society can mitigate so many attributes that may lead to a failure of the system as a whole5. The constitution is important in creating these limits, and allows citizens to put the government to task independently based on what is supposed to be accomplished by the various changes taking place within the society. The administrative justice attribute allows governments to understand their mandate within the stipulated aspects and that allows them to deal with issues that deal with values and policies. The goal is to integrate values into decisions, systems, processes, decisions and actions to make sure that people can evaluate their work based on what is available6. Public servants have to make good use of their positions while making sure they show their respect for democracy and for people too. They have to work on integrity as well as good stewardship to gain so much excellence in dealing with their behaviour as they interact with the public7. It also offers avenues for resolution for ethical issues that need to resolve and discuss any issues based on politically mediated procedures8. The support and advice from the appropriate sources and institutions is essential in the mediation and dialoguing abilities to deal with arising situations and attend to them confidently. No public officers are above the law and the administration of justice requires a similar amount of attention to increase integrity and availability within the organization9. Proportionate Dispute Revolution The UK government is looking or different ways of limiting the growing need for people to go to courts. The problem is not in the integrity of the courts but in lessening the increasing number of disputes taken to these places10. This will limit the people who have to take into consideration their issues while getting a new meaning to the way the society views and understand dispute resolution. The proportionate dispute resolution method is a five-year strategic plan from the department of justice. It aims at providing information to the public and the range of services required in understanding the responsibilities and rights within their mandate. This allows them to avoid legal problem as well as understand the alternatives present to allow them solve their issues within the right atmosphere11. The constitution allows the department to come up with ways of resolving disputes and looking for the quickest way of dealing with them. Some of the issues can be resolved with out of court settlements while others can be resolved using mediators. The government also aims at reducing any delays that may be presented by some of the legal aspects and the resolution can be done in the presence of experts in the field of concern, something that should caution the society from ignoring the impact that such aspects can have in meeting the major demands of the society. Such dispute resolution mechanisms can be quite fruitful in reducing the number of backlogged cases in the courts and the quick resolutions of issues within the system12. Human Rights Act 1998 Also known as the HRA, the Human Rights Act of 1998 received its royal accent to enable the British citizens and foreign nationals within Britain and Wales to protect themselves and agitate for their rights in case of any complaint. The Act aimed at presenting a host of applicable rights and liberties to those who sought protection at any of the UK courts13. The aim was to assure the society that its goals were aimed at making any public organization a place where citizens can gain employment and receive equal treatment despite their nationality or creed. The act also encouraged treating people with dignity, fairness and respect. These attributes define the importance of protecting the poor from any source of victimization that many face from those with public powers. The values are ideal for the realization of the goals presented, as well as the reliance on law to ensure the public service does not go beyond the limits acknowledged within the constitution14. It was a good legislation because the HRA allows the judiciary and the present tribunals to make decisions and infer to rulings based on their compatibility with the conventional rights and freedoms of the citizens. This only allows better representation to include and determine the compatibility of the attributes affecting the rules and regulations within the society15. The important attributes provided within the valid act of parliament allows the citizens to have a right to sue those who violate any provisions of the constitution. With the powers vested on the courts to interpret legislation based on the compatibility of the laws within the law allows them to make better choices within the effective templates. The society needs protection from rogue officers. This Act allows citizens to protect their rights from any level of infringement by those in authority16. Judicial Review In retaining its right to meet the goals of a stable judicial system, the UK has gone ahead to institute some laws that allow people to challenge the decisions, acts or failures to act by a national body in a court of law. This allows the public organizations that exercise a public law function to remain on high alert as they avoid any action that could lead to such litigations17. The aim is to entrench better values and maximize on the main attributes that redefine the way the organizations work when handling the appeals. The aim is to have as many options to regulate the actions of these bodies and mitigate any aspects that could limit the occurrence of an attribute within the public arena. Limits to this do exist where an individual with a complaint against the decisions of a court cannot have this exercised against the court of appeal or even the high court. Only inferior courts are targeted in this case18. A judicial review is important in dealing with such issues because it provides the society with a new platform through which it can seek a variety of orders. It can get a mandatory order to make an organization to do something or overturn the decision made. It can allow an individual to get a prohibitory order that prevents the public from doing something19. The other order is a quashing order that quashes a decision made by a public body20. It can offer a declaration that binds the public body, and addresses damages done as recorded in the HRA. Such powers allow the public to make better decisions and get fair treatment from public bodies as well as mitigate any cases of injustice. The public officials, therefore, have to adhere to the rules and regulations that bind them. Ombudsmen The Ombudsmen helps listen and resolve the issues that affect the society. They are a legal scheme set up to listen and impartially deal with public complaints without discrimination. The society understands that no one is above the law, and the fear of taking a public officer to court could seem difficult. However, before seeking any legal measures, the Ombudsman makes it easier by taking up the case and dealing with it adequately21. The goal is to establish new means of dealing with the problem and providing easier methods of solving issues. The ombudsman is an independent body and does not take any side while dealing with any public issues. They should strive to resolve them amicably and only result to any other form of resolution if they do not come to an agreement. However, this also implies having a service provider that can assist in the resolution of problems to benefit the society by showing its ability to deal with rogue officers and instil discipline amongst them22. The ombudsman’s offices are recognized by law as part of the dispute resolution mechanisms that are part of the administrative justice system and are a representative of the society across the spectrum. The office is non-discriminatory and contains a wide variety of individuals from all corners and sections of the public that deal with different aspects of the legal spectrum. They understand that the recommendations that come with it and understand that the disputes in questions are a reflection of the society’s trust in their ability to deal with their issues. This goes to show that the society trusts the legal system in airing their views, positive and negative, towards the conduct of those in public service positions23. Ministerial Responsibility and Parliamentary Committees The law requires that the ministers must assume full responsibilities when it comes to dealing with issues within their mandate. The law has to ensure that these individuals also take ministerial responsibility that is the assumption of constitutional responsibilities. This means that the minister must be accountable and is answerable to parliament in case anything within their agencies and departments requires an explanation24. When it comes to dealing with the decisions, policies, and actions within their mandate, it is always essential for the ministers to come up with the explanations that will satisfy the citizens and assure them that the government is working towards dealing with the issues that affect them. The aim is to ensure that those given the responsibilities deal with them responsibly25. Freedom of Information Act 2000 This act of parliament allows the right of access to anyone seeking public information. It allows any person to make good use of the information for his or her benefit. No information should be hidden from the public this law has on the society. It allows government publishers to furnish the public with information when requested. Anything that should be fit for public consumption should be given when requested. It ensures that information is forwarded on a request basis and anything that should be classified is off-limits until the expected timeframe is over. This allows people to make requests, with at least 60% being private citizens, 20% and 10% being businesses and journalists respectively26. In conclusion, the goal of the judicial system is to entrench good values that will mitigate any abuse of office at all times. Public officials require discipline and high integrity values, which are necessity for any public service action. The importance of administrative justice in ensuring that the constitution still allows for the utility of the public offices that ensures openness and transparency in public service. This means that the public a host of other attributes that define the growing need for achieving the transparency needed within public institutions. It is essential to understand one’s rights, liberties, and the best way of applying them. Bibliography Adler, M., ‘Tribunal Reform: Proportionate Dispute Resolution and the Pursuit of Administrative Justice’, The Modern Law Review, Vol 69, no. 6, 2006, pp. 958–985 Amos, M., ‘Transplanting Human Rights Norms: The Case of the United Kingdoms Human Rights Act’, Human Rights Quarterly vol.35, no.2, 2013, p.386–407. Brooke, H., Your Right To Know, New York: Pluto Press, 2006. Courts and Tribunals Judiciary. Judicial review, 2015, https://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review/, (accessed 21 March, 2015). Creyke, R., Administrative Justice — Towards Integrity In Government, Melbourne University Law Review, Vol 31, 2007, p.705-732 Danzigera, S., J. Levav and L. Avnaim-Pessoa, "Extraneous factors in judicial decisions". Proceedings of the National Academy of Sciences of the United States of America vol. 108 , no.17, 2011, pp. 6889-6894 Fuller, J. R., Criminal Justice: Mainstream and Crosscurrents, Upper Saddle River, NJ., Prentice Hall, 2005. Garland, D., "Of Crimes and Criminals". In Maguire, Mike, Rod Morgan, Robert Reiner. The Oxford Handbook of Criminology, Oxford, Oxford University Press, 2008. Hoffman, D, & J. Rowe, Human Rights in the UK: an Introduction to the Human Rights Act 1998 (2nd ed.). Harlow, United Kingdom, Pearson Longman, 2006 Liberty Human Rights, The Human Rights Act, 2 Oct 2014, https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act, (accessed 21 March, 2015). Read More