Democracy & judicial system

Democracy is a system ensuring that the people are governed no better than they deserve.--
George Bernard Shaw.he major advantage o! democracy is !reedom."n democracy government
has mainly three wings#legislature$e%ecutive & judiciary.legislature !orms policy and e%ecutive
implements that policy where judiciary interprets laws and do justice to all citi&ens.there!ore
judiciary has its own magnitude in democracy.'!!icient judiciary ma(es democracy more
transparent which resulted in well-being o! individual.it is good condition !or any
country$because economical growth is also be sure o! e!!icient judiciary."n detail$let have
glimpse o! )hat is democracy*
+incoln said$ Democracy is the government o! the people$by the people and !or the people.
democracy is the common people especially when constituting the source o! political authority.
,ll power and authority o! the union government are derived !rom people because supreme
authority are all citi&ens.hey are e%ercised !or the most part by representatives elected by
popular su!!rage.Democracy describes a small number o! related !orms o! government. he
!undamental !eatures o! democracies include government based on majority rule and the consent
o! the governed$ the e%istence o! !ree and !air elections$ the protection o! political minorities$
respect !or basic human rights$ e-uality be!ore the law$ due process$ and political pluralism..
democracy indicates the absence o! hereditary or arbitrary class distinctions or
privileges.,ccording to .ladimir "lyich +enine, democracy is a state which recogni&es the
subjecting o! the minority to the majority., demodracy is very e%pansive.so$ /orman 0ailer
said$, modern democracy is a tyranny whose borders are unde!ined1 one discovers how !ar one
can go only by traveling in a straight line until one is stopped.Democracy ta(es time 2
certainly years$ probably decades$ but not centuries."n many democracies$ such as the 3nited
States$ both the e%ecutive head o! government and the legislature are elected. "n typical
constitutional monarchies such as the 3nited 4ingdom and /orway$ only the legislators are
elected$ and !rom their ran(s a cabinet and a prime minister are chosen.a!ter seeing meaning
o! democracy let understand )hat is the importance o! democracy*
he major bene!it o! democracy is !reedom.people are !ree to elect their !avourite leader with
purpose o! representing their ideology$views or creed.any other !orm o! government don5t
provide such !reedom eg# Dictatorship$communisim$etc. "n democracy Government Guarantee
and secure all people6justice$economic & political$e-uality o! status o! opportunity$etc.,de-uate
security !or minorities$tribal ares & bac(ward class.7ree elections are only the beginning !or
democracy. oday5s democratically elected leaders must ma(e democracy wor( by providing
their people the tools and e%tending opportunity to improve their lives and contribute to the
common good.he democracy thrives where individual interests are joined by a broad allegiance
to protecting the rights o! all and providing !or the well being o! !uture generations. here!ore
'lected leaders must govern democratically and respect essential elements o!
democracy.So$"ndividual bene!it is the vital objective o! any democratic
organisation.So$Democracy is associated with higher human capital accumulation$ lower in!lation$
lower political instability$ and higher economic !reedom.7or delivering better human bene!its
private sector is essential.8rivate sector usually practicing good corporate citi&enship$ abiding
by national laws$ respecting wor(ers rights$ protecting the environment$ training employees.
democracy also give them !reedom to e%pose corruption.it provides direct bene!it to individual.
another Bene!its o! Democracy are "nternational 9rgani&ations and )orld 8olitics.Developing
nations always bene!it economically by becoming democracies because :he vote and !ree
mar(ets are not automatic partners.somebody said that;<appiness not only depends on economic
!actors but also on how well developed democracy is*
<istorically it is proved that !or development o! peace!ul harmonious society well !unctioning
democratic system )ith active judiciary is very important.,s obseverved by political scientist
rumell incidence o! democide are high in dictatorship !or eg#in south ,!rica = crore and in china
around >? crore democides are done till =??@.where as in democratis country li(e "ndia capital
punishment to terrisot li(e mohhamd a!&al woul(d also encourage several debets.Democide is a
term coined by political scientist A. B. Aummel !or :the murder o! any person or people by a
government$ including genocide$ politicide$ and mass murder:."n dictatorship or communism
democides are very conventional. 'mpirical research shows that more democratic nations have
little democide rarely or never ma(e war on one another and have !ew civil wars. Government
also Contribute to the promotion o! world peace and wel!are o! man(ind.so democracy is
advantegeous practice o! government. there!ore democracies are up surging !or e%ample some
D> countries too( steps towards democrati&ation 2 o!ten by overthrowing an authoritarian one-
party regime and introducing multi-party elections.
,s we have seen that three political institute are very much important.+et see what are their
role o! that institutetions* what are the meaning o! it* separation o! power is very essential
theory o! democracy.8roponents o! separation o! powers believe that it protects democracy and
!orestalls tyranny. it also slows down the process o! governing$ promotes e%ecutive dictatorship
and unaccountability$ and tends to marginali&e the legislature./o democratic system e%ists with
an absolute separation o! powers or an absolute lac( o! separation o! powers.here are mainly
three branches o! democratic government# the +egislative$ the '%ecutive$ and the
Budicial.3nder the doctrine o! the separation o! powers the e%ecutive is not supposed to ma(e
laws it is role o! the legislature$ nor to interpret them it is role o! the judiciary.he e%ecutive
is identi!ied by the <ead o! Government.so$"n democracy legislature$e%ecutive and judiciary
have e-ual magnitude.
"n detail$, legislature is a type o! representative deliberative assembly with the power to
adopt laws.he main job o! the legislature is to ma(e laws. "n parliamentary systems o!
government$ the legislature is !ormally supreme and appoints the e%ecutive. "n presidential
systems o! government$ the legislature is considered a power branch which is e-ual to$ and
independent o!$ the e%ecutive. "n addition to enacting laws$ legislatures usually have e%clusive
authority to raise ta%es and adopt the budget and other money bills.
'%ecutive$"n political science and constitutional law$ the e%ecutive is the branch o! government
responsible !or the day-to-day management o! the state. "n many countries$ it is re!erred to
simply as the government$ but this usage can be con!using in an international conte%t. he
e%ecutive branch contains the head o! government$ who is the head o! this branch.8olitics are
usually the e%ecutive e%pression o! human immaturity.--.era Brittain
he third is judiciary system. "n the law$ the judiciary or judicial system is the system o!
courts which administer justice in the name o! the sovereign or state$ a mechanism !or the
resolution o! disputes.he term is also used to re!er collectively to the judges$ magistrates and
other adjudicators who !orm the core o! a judiciary$ as well as the support personnel who (eep
the system running smoothly. judiciary is the sa!eguard o! our liberty and o! our property
under the constitution. ,ccording to ,braham +incoln$ )e the people are the right!ul masters
o! both Congress and the courts$ not to overthrow the Constitution but to overthrow the men
who pervert the Constitution.:
,n independent judiciary is the main pillar supporting civil liberties$ human rights$
comprehensive development processes$ re!orms in trade and investment regimes$ regional and
international economic cooperation$ and the building o! democratic institutions.the transparent
judiciary is also very essential !or democracy.so$ ,l smith$3.S. politician said$ ,ll the ills o!
democracy can be cured by more democracy.he three major legal systems o! the world today
consist o! civil law$ common law and religious law.Courts$ branch o! government established to
administer the civil and criminal law. he term court is also applied to the international
tribunals intended to provide !or the resolution at law o! controversies among governments$
namely$ the 8ermanent Court o! "nternational Bustice$ established by the +eague o! /ations
a!ter )orld )ar "$ and by the "nternational Court o! Bustice$ established by the 3nited
/ations a!ter )orld )ar "".Budicial system is very old phenomina.because$ ,rchaeologists and
anthropologists have established the e%istence o! courts in simple societies over wide areas o!
,sia$ ,!rica$ and 'urope1 courts were not as widespread among the /ative ,mericans o! /orth
and South ,merica. 8rimitive courts !ormed part o! a comple% social structure in which
administrative$ judicial$ and religious !unctions were intermingled.+aw$ body o! o!!icial rules and
regulations$ generally !ound in constitutions$ legislation$ judicial opinions$ and the li(e$ that is
used to govern a society and to control the behavior o! its members.
Aole o! judiciary system in democracy is very essential.so$raditionally the role o! judiciary is
only to interpret the laws and regulations and provide judgements e%clusively !rom the legal
point o! view. he judiciary;s !oremost role is to de!end and uphold the Constitution and assure
the rule o! law prevails.3nder that general duty and mandate$ the everyday wor( o! the
judiciary re!lects to some e%tent the level o! a court;s or judge;s jurisdiction. <owever$ a
pervasive element in the judiciary;s role at every level is the protection o! each person;s
Constitutional$ human$ civil and legal rights. he judiciary also has an essential role in
protecting us !rom the wrong-doing o! others$ protecting the wea( !rom the strong.0any times
judiciary can also help to identi!y )hat is good !or nation*well !unctioning judiciary can also
play imp. Aole in helping to instill democractic values in the country present e%ample can be
present ongoing e!!orts o! chie! justice o! 8a(istan can help to greate e%tent in resotring
democracy.he importance o! Budiciary in a democratic set up !or protection o! personal and
proprietary rights can hardly be overestimated. he principal !unction o! Budiciary is to provide
legal remedies against in!ringement o! personal and property rights o! persons. 'ven though
certain important !undamental rights including right to carry on any trade or business are
guaranteed only to citi&ens$ all persons including non-citi&ens can claim e-uality be!ore the law
and e-ual protection o! the laws. here!ore any arbitrary discrimination against a person who
is a non-citi&en -ua his claim to be treated e-ually as others be!ore the law$ can be challenged
be!ore the Courts. he role o! the judiciary in a democratic society such as ours is a pivotal
one. "t is essential to the process o! chec( and balance so !undamental to the way societies
such as ours are meant to operate and !unction.judiciary is now entertaining a number o!
subjects which do not merely involve legal issues but also the issues relating to administration$
governance and personal li!e style o! individuals.here are many judgements given in recent
times$ which have no legal bearing but largely constitute the views and opinions o! the individual
judges. 8erhaps$ this is the reason as to why a number o! judgements are reversed and re
reversed in the higher courts. 7or the same reason$ judgements have become unpredictable$
ma(ing one to thin( that not only one needs to (now the law but also to (now the perspective
o! the individual judges$ to anticipate with reasonable accuracy as to what sort o! judgement
would be coming.!or eg# in case o! reservations in education legislature has decided to reseve
some -uota But supreme courtEjudiciary systemFput stay on that regulation.so$judiciary system
put restriction to governance.he responsibility vested with the judiciary has also gone up by
leaps and bounds$ as judiciary appears to have the ultimate say in all matters.)ith such
e%pectations$ it is vitally necessary that the -uality o! judiciary in the country should be
substantially improved. . "n the earlier days$ judges used to avoid situations$ where they could
be even unwittingly seen in the undesirable company. his is no more so$ as judges readily ta(e
part in several public !unctions and social events$ where they could come in contact with even
criminals and politicians and bureaucrats !acing corruption charges. the judiciary plays a crucial
role in securing domestic tran-uility by providing a structured institutionali&ed !orum !or the
resolution o! discord and dispute and the vindication o! civil and criminal wrong-doing. he role
o! judiciary had become more Gdemanding and e!!ective; in the recent years because o!
changes in the moral values and approaches o! the !unctionaries at the helm o! a!!airs o!
legislature and e%ecutive o! the state.
)el!are state through judiciary system in democracy is very signi!icant theory."n
democracy$Government Guarantee and secure all people justice$economic & political$e-uality o!
status o! opportunity$etc.,de-uate security !or minorities$tribal ares & bac(ward class.his
attribute shows e!!icient judiciary system.i! judiciary system is e!!icient democracy will be as
much transparent.wel!are o! people will be much more in transparent democracy.
Social role
he judiciary system implement many rules & regulation !or social wel!are & the implementation
o! social wel!are and social de!ense !or eg# domestic violence rule.so$judicial system also
watch over implemented policies through e%ecutive branch.it encourage legislature to !ormed
some special department !or Social Service programmes li(e Special /utrition 8rogramme.it
properly watch over the social wel!are & service de!ence$because the Social )el!are Services
are intended to social security and social de!ense to vulnerable sections o! the society. By
providing such services$ these poor sections who otherwise would be worst su!!erers and the
most neglected will be enabled to raise to a minimum standard in society. it provides security
to citi&ens.that ma(e democracy more transparent.
'conomic Growth )ell-!unctioning judicial systems !oster growth is by stimulating a more rapid
accumulation o! !actors o! production. "n particular$ investment in both physical and human
capital will be encouraged by secure property rights$ well-!unctioning legal and judicial systems
and political stability.he role o! judicial systems in determining economic per!ormance has
gained increasingly attention in recent year. Good legal and judicial systems may stimulate
growth by protecting intellectual property$ and in this way !ostering technological progress and
absorption. 7inally$ mal!unctioning judicial systems hamper growth by stimulating an ine!!icient
use o! resources and technology$ moving countries away !rom their potential or best practice
output. <igh ris( and large transaction costs move the country5s price system away !rom
international standards$ distorting resource allocation. Because contract and property rights are
not properly en!orced$ !irms may decide not to pursue certain activities$ !orego the opportunity
to speciali&e and e%ploit economies o! scale$ mi% inputs ine!!iciently$ not allocate production
among clients and mar(ets in the most e!!icient !ashion$ (eep resources unemployed etc.many
times judicial system ta(es decision about business world !or e%ample$a chemical !actory can5t
reveal much carbon dio%ide in air this may cause production o! companies.it has direct
connection with economic growth$but in this case it is more social perspective$but many time
system ta(e decision in !avor o! business that also has e!!ect on economic growth.
Security# he judicial system wor(s !or the security and sa!ety o! the individual. he aim is to
reduce criminality and increase people;s security. he judicial system is responsible$ !or
e%ample$ !or preventing and investigating crime$ bringing legal proceedings against people$
implementing sentences and monitoring the rights o! victims o! crime. he judicial system
re!ers to the 8olice$ the 9!!ice o! the 8ublic 8rosecutor$ the /ational Board o! 7orensic
0edicine$etc.and Support ,uthority.he Government;s website contains in!ormation about the
Government;s policies and decisions$ as well as Government bills$ Commissions o! "n-uiry;s
reports$ etc.
,s e!!icient judiciary has signi!icance !or wel!are state o! individual.li(ewise an ine!!icient
judiciary has own major side e!!ect !or lac( o! )el!are o! individual.it depends upon many
!actors such as social !actors$economic growth$security !actors$etc.every individual need
wherewithal to live.it depends on ecomomic growth.i! judiciary system is ine!!icient democracy
will be as much vague.
i! there are very good rules in country about social securities but i! judiciary system is
ine!!icient then it is not possible that someone will obey that rule.judiciary system put control
over people & sometimes on legislature also.judiciary system is heart o! any country$its rule &
its legislature.so$ine!!icient judiciary system also can ruin wel!are o! citi&ens.Dys!unctional
judicial systems may also discourage savings and stimulate capital !light$ reducing the volume o!
!unds available to !inance investment.i! judiciary system changes their rules many times & i! it
doesn5t have cosistancy$investor might invest their in another country.so$it is has impact on
economic growth.dys!unctional judicial systems reduce the economy5s e!!iciency level is by
direct consumption o! scarce resources. ,n ine!!icient judiciary$ particularly one that is
politici&ed$ may also lead to an ine!!icient use o! inputs. wea( judicial systems may preclude
more comple% transactions and !orce !irms into rather ine!!icient !orms o! trading.i! judiciary
system put more stress on social wel!are than on economic growth that country may have
negative e!!ect on economic growth that a!!ects wel!are o! individual economically.in this case
though country has e!!icient judiciary system it also e!!ect negatively to individual wel!are.

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