有关印度宪法英语论文
论文作者:英语论文论文属性:学术文章 Scholarship Essay登出时间:2014-09-24编辑:zcm84984点击率:14489
论文字数:3924论文编号:org201409201239511336语种:英语 English地区:印度价格:免费论文
关键词:法律制度Criminal Legal SystemLaw Essay审查刑事法印度宪法
摘要:本文是一篇印度宪法中审查刑事法律制度的法律留学生论文,印度宪法保证公平对待所有印度公民都能够获得同等的生命权和人身自由。法治的设想是所有的人在法律面前一律平等,享有同等权利,但遗憾的是不能享受平等执法的权利,这必须通过法院和司法程序特别是在刑事系统是非常复杂而昂贵的,从而把普通人拉开一定距离。
印度宪法中审查刑事法律制度的法律
人不是为法律而存在,但法律的制定是为了人。它是人类行为的调节和无法律的工作顺利,除非两者之间的相互作用是自愿的。只有当它是必要的,行为受法律限制才是有道理并且有效的。印度宪法保证公平对待所有印度公民都能够获得同等的生命权和人身自由。法治的设想是所有的人在法律面前一律平等,享有同等权利,但遗憾的是不能享受平等执法的权利,这必须通过法院和司法程序特别是在刑事系统是非常复杂而昂贵的,从而把普通人拉开一定距离。
印度宪法责成国家对社会、经济和政治以及正义的全体国民的安全负责,通过第14条宪法规定,使其从速正义负有不可推卸的责任,[2]它保证了法律的平等,强制要求国家保护的法律和法律面前人人平等的宪法[3],以确保法律制度在这样一种方式下的运作,
The Constitution Of India Examining Criminal Legal System Law
Essay
Man is not made for law, but the law is for man. It is a regulator of human conduct and No law works smoothly unless the interaction between the two is voluntary. An act is justified by law, only if it is warranted, validated and made blameless by law. The Indian Constitution guarantees justice to all, All Indian citizens are guaranteed equal right to life and personal liberty. The rule of law envisages that all men are equal before law, have equal rights but unfortunately cannot enjoy the rights equally as enforcement of the rights has to be through courts and the judicial procedure especially the criminal system is very complex, costly and dilatory thereby putting the common man at a distance.
The Constitution of india enjoins the state to secure social, economic and political justice to all its citizens, making the constitutional mandate for speedy justice inescapable through article 14 [2] it guarantees equality before the law and the equal protection of the laws and article 39A [3] of the Constitution mandates the State to secure the operation of the legal system in such a way that it promotes justice on a basis of equal opportunity and ensures that the same is not denied to any citizen by reason of economic or other disabilities further equal opportunity must be afforded for access to justice as its not sufficient that the law treats all persons equally, irrespective of the prevalent inequalities but the law must function in such a way that all the people have access to justice in spite of economic disparities. The expression “Access to justice” focuses on the following two basic purposes of the legal system:
The system must provide access to all.
It should lead to results which are fast, fair and economically viable.
The Supreme Court has on various events, in its judgements has made it clear that there can be no delay in trial, as that itself constitutes denial of justice. [4] moreover directive principle of state policy directs the state to strive for reducing inequalities amongst groups of people in different areas under article 39A of the constitution of india now while interpreting this provision the supreme court held that, social justice includes ‘legal justice’ which means that the system of administration must provide a cheap and expeditious instrument for realization of justice. [5]
The system of law which presently operates in India is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence and various legislations which were firstly introduced by the British are still in effect in their modified forms today. In India
criminal law is enforced by the state, unlike the
civil law which may be enforced by private parties. It reflects the social ambitions and norms of the society and gen
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