vustudents
09-06-2011, 11:39 PM
Q . What are the secondary functions of Court. (2002),(2001),(1998),(1997)
Q . What are primary functions of Civil Courts. (1998)
Q . Explain the functions assumed by Civil Courts.
1. Introduction:
In a sphere of law. Court of law haw to perform two fold functions primary and secondary. The primary function of a Court of law is the administration of justice. It has to enforce rights and punish wrongs. But in addition to this , other functions are also performed by Court of law, which are known as secondary functions.
2. Function Of Courts Of Law:
The functions of Court of law may be classified into two categories.
I. Primary Functions
II. Secondary Functions
3. Primary Functions:
The primary function of Court of law is the administration of Justice.
I. Meaning Of Administration Of Justice:
(i) According to prof. Salmond:
“The administration of justice implies the maintenance of right within a political community by means of the physical force of the state.”
(ii) According to George Washington:
“Administration of justice is the firmest pillar of Govt. Law exists to bind together the community. It is sovereign and cannot be violated with impurity.
II. Classification Of Administration Of Justice:
Administration of justice is divided into two parts.
(i) Administration of Civil Justice:
Administration of Civil Justice is death with civil proceedings. The object of civil justice is to enforce rights.
Kinds of rights:
There are two rights connected with the civil justice
(a) Primary
(b) Secondary
(a) Primary Rights:
Primary rights are those rights which exist as such. It arises out of a conduct. All fundamental rights are primary rights. A primary rights may be enforced by specific enforcement.
Illustration:
If ‘A’ enters into a contract, his right to have the contract performed is primary right.
(b) Sanctioning or Secondary Rights:
Sanctioning rights are those, which come into being after the violation of a right sanctioning rights are
The right to be compensated by damages by the wrong-doer.
The right to exact the imposition of pecuniary penalty on the wrong-doer by penal action
Illustration:
‘A’ enters into a contract, his right to have the contract performed is primary right. If contract is broke, his right to damages for the loss caused to him for the breach of contract is sanctioning right.
(ii) Administration of Criminal Justice:
Administration of criminal justice is dealt within criminal proceedings. The object of criminal justice is to punish the wrong-doer. Form very ancient time, a number of theories have been give concerning the purpose of theories have been given concerning the purpose of punishment, which may be broadly divided into two classes. The view of one class is that the end of criminal justice is to protect and add to the welfare of the state and society. The view of other class is that the purpose of punishment is retribution.
4. Secondary Functions:
Courts are primarily established to perform the essential or primary functions, but once they established, they are also to perfrom secondary functions. These are miscellaneous and indeterminate in character and number and tend to increase with the advancing complexity of modern civilization. They fall chiefly into four groups.
I. Actions Against The State:
The Courts of law can exercise adjudication, upon claims made by citizens against the state itself. A suit can be brought against the state for contractual liability etc. in England the crown Proceedings Act, 1947 provides that where a person has a claim against the crown, that claim can be enforced.
In Pakistan claims may be put up against the state through the process of writ petitions , by virtue of Article 199 of the constitution of pak 1973.
II. Declaration Of Rights:
Another function of the Courts is the declaration of the rights of individuals. This is done where the rights of the parties are uncertain. A litigant may claim the assistance of a Court of law because his rights have been violated, but because they are uncertain.
Examples:
Examples of declaratory proceedings are the declaration of legitimacy and authoritative interpretation of wills.
III. Administrations:
In certain cases, Courts of justice undertake the management and distribution of the property of a deceased person and also of minors whose property is put under the Court of wards. Other examples are the administration of a trust, liquidation of a company by the Court etc.
IV. Titles Of Right:
In certain cases, judicial decrees are employed as the means of creating, extinguishing and transferring rights. Example of such functions are decree of divorce appointment of removal of trustees etc. in such cases, the judgments of the Courts operate not as the remedy of a wrong but as a title of right.
5. Conclusion:
To conclude, I can say, that as the Lord Bryce writs “There is no better test of the test if the excellence of a Gov t then the efficiency of its judicial system “and judicial system is run through the Court of law. They have to perform primary and secondary functions, but the object of both these functions is the welfare of the citizen.
Q . What are primary functions of Civil Courts. (1998)
Q . Explain the functions assumed by Civil Courts.
1. Introduction:
In a sphere of law. Court of law haw to perform two fold functions primary and secondary. The primary function of a Court of law is the administration of justice. It has to enforce rights and punish wrongs. But in addition to this , other functions are also performed by Court of law, which are known as secondary functions.
2. Function Of Courts Of Law:
The functions of Court of law may be classified into two categories.
I. Primary Functions
II. Secondary Functions
3. Primary Functions:
The primary function of Court of law is the administration of Justice.
I. Meaning Of Administration Of Justice:
(i) According to prof. Salmond:
“The administration of justice implies the maintenance of right within a political community by means of the physical force of the state.”
(ii) According to George Washington:
“Administration of justice is the firmest pillar of Govt. Law exists to bind together the community. It is sovereign and cannot be violated with impurity.
II. Classification Of Administration Of Justice:
Administration of justice is divided into two parts.
(i) Administration of Civil Justice:
Administration of Civil Justice is death with civil proceedings. The object of civil justice is to enforce rights.
Kinds of rights:
There are two rights connected with the civil justice
(a) Primary
(b) Secondary
(a) Primary Rights:
Primary rights are those rights which exist as such. It arises out of a conduct. All fundamental rights are primary rights. A primary rights may be enforced by specific enforcement.
Illustration:
If ‘A’ enters into a contract, his right to have the contract performed is primary right.
(b) Sanctioning or Secondary Rights:
Sanctioning rights are those, which come into being after the violation of a right sanctioning rights are
The right to be compensated by damages by the wrong-doer.
The right to exact the imposition of pecuniary penalty on the wrong-doer by penal action
Illustration:
‘A’ enters into a contract, his right to have the contract performed is primary right. If contract is broke, his right to damages for the loss caused to him for the breach of contract is sanctioning right.
(ii) Administration of Criminal Justice:
Administration of criminal justice is dealt within criminal proceedings. The object of criminal justice is to punish the wrong-doer. Form very ancient time, a number of theories have been give concerning the purpose of theories have been given concerning the purpose of punishment, which may be broadly divided into two classes. The view of one class is that the end of criminal justice is to protect and add to the welfare of the state and society. The view of other class is that the purpose of punishment is retribution.
4. Secondary Functions:
Courts are primarily established to perform the essential or primary functions, but once they established, they are also to perfrom secondary functions. These are miscellaneous and indeterminate in character and number and tend to increase with the advancing complexity of modern civilization. They fall chiefly into four groups.
I. Actions Against The State:
The Courts of law can exercise adjudication, upon claims made by citizens against the state itself. A suit can be brought against the state for contractual liability etc. in England the crown Proceedings Act, 1947 provides that where a person has a claim against the crown, that claim can be enforced.
In Pakistan claims may be put up against the state through the process of writ petitions , by virtue of Article 199 of the constitution of pak 1973.
II. Declaration Of Rights:
Another function of the Courts is the declaration of the rights of individuals. This is done where the rights of the parties are uncertain. A litigant may claim the assistance of a Court of law because his rights have been violated, but because they are uncertain.
Examples:
Examples of declaratory proceedings are the declaration of legitimacy and authoritative interpretation of wills.
III. Administrations:
In certain cases, Courts of justice undertake the management and distribution of the property of a deceased person and also of minors whose property is put under the Court of wards. Other examples are the administration of a trust, liquidation of a company by the Court etc.
IV. Titles Of Right:
In certain cases, judicial decrees are employed as the means of creating, extinguishing and transferring rights. Example of such functions are decree of divorce appointment of removal of trustees etc. in such cases, the judgments of the Courts operate not as the remedy of a wrong but as a title of right.
5. Conclusion:
To conclude, I can say, that as the Lord Bryce writs “There is no better test of the test if the excellence of a Gov t then the efficiency of its judicial system “and judicial system is run through the Court of law. They have to perform primary and secondary functions, but the object of both these functions is the welfare of the citizen.