The administration of justice is the process by which the

legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...

of a government is executed. The presumed goal of such an administration is to provide

justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

for all those accessing the legal system. The phrase is also commonly used to describe a University degree (Bachelor of Arts in Administration of Justice), which can be a prerequisite for a job in law enforcement or government.

Australia

In ''Attorney General for New South Wales v Love'' (1898), the appellant argued that section 24 of the Act 9 Geo 4 c 83 did not have the effect applying the Nullum Tempus Act (9 Geo 3 c 16) (1768) to

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

. Counsel for the appellant said that ''Whicker v Hume'' (1858) decided that section 24 referred not to laws generally, but only to laws as to modes of procedure, and that the Nullum Tempus Act did not deal merely with procedure. The Lord Chancellor said that the Act 9 Geo 4 c 83 ''

prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...

'' "applied the Nullum Tempus Act to the Colony in question as much as if it had re-enacted it for that Colony." He then said:

Canada

Section 92(14) of the Constitution Act, 1867 Section 92(14) of the ''Constitution Act, 1867'', also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on: It has been considered to be one of the major sources of conflict co ...

, also known as the Administration of Justice power, grants the provincial legislatures of Canada the authority to legislate on: :14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.

Ontario

Section 1 of the Administration of Justice Act (RSO 1990 c A6) provides: This provision was previously section 1 of the Administration of Justice Act (RSO 1980 c 6), which was previously section 1 of Administration of Justice Act (RSO 1970 c 6), which was previously section 1 of Administration of Justice Act 1968 (SO 1968 c 1) (17 Eliz 2 c 1). Queen's printer copies of the Statutes of the Province of Ontario 1968 describe this provision as "new". This statute replaced the Administration of Justice Expenses Act (RSO 1960 c 5).

Republic of Ireland

"Offence against the Administration of Justice" is defined b
section 7
of the

Criminal Procedure Act 2010 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

United Kingdom

In England, the Administration of Justice is a

prerogative In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...

of the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

. It may be exercised only through duly-appointed

judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...

and

courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

. The following matters and things pertain to the Administration of Justice: the organisation of the courts; the prerogative of justice, the

prerogative of mercy In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prerogat ...

, and any prerogative power to create new courts;

nolle prosequi , abbreviated or , is legal Latin meaning "to be unwilling to pursue".Nolle prosequi
. refe ...

; the appointment, tenure and immunity of judges; the immunity of other participants in legal proceedings;

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...

; the composition and availability of juries, any requirement that their verdict be unanimous, and the allowances they receive; the branches of the legal profession; and the provision of

legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...

and advice. The Administration of Justice is an act which is normally associated with the carrying on of the business of government. When a government does that act, it is thereby exercising its sovereignty. It would accordingly be a violation of British sovereignty for a foreign government to do that act in British territory without authorisation. Section 2 of the

Visiting Forces Act 1952 The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, inte ...

authorises foreign service courts to exercise their jurisdiction in the United Kingdom. There are

offences against the Administration of Justice English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in ...

. For the purpose of section 54 of the

Criminal Procedure and Investigations Act 1996 The Criminal Procedure and Investigations Act 1996 or CPIA Abbreviation used in Ministry of JusticeCriminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice published March 2015, accessed 29 October 2022 is a piece of sta ...

, the following are Administration of Justice offences: *The offence of

perverting the course of justice Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statu ...

*The offence under section 51(1) of the

Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...

*An offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the

Perjury Act 1911 The Perjury Act 1911 (1 & 2 Geo 5 c 6) is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 o ...

. The offence of perverting the course of justice has been referred to as "interfering with the Administration of Justice" and/or "obstructing the Administration of Justice". Section 6(c) of the

Contempt of Court Act 1981 The Contempt of Court Act 1981 is an Act of the Parliament of the United Kingdom. It codifies some aspects of the common law offence of contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobed ...

provides that nothing in the foregoing provisions of that Act restricts liability for contempt of court in respect of conduct intended to impede or prejudice the Administration of Justice. An

Arrestable offence Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term ...

, other than one specified in Schedule 5 to the

Police and Criminal Evidence Act 1984 The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...

, was

serious Serious may refer to: * Seriousness, an attitude of gravity, solemnity, persistence, or earnestness * ''Serious'' (TV series), a BBC children's television show Albums * ''Serious'' (Luther Allison album) or the title song, 1987 * ''Serious'' ( ...

for the purposes of that Act if it led to, or was intended or likely to lead to, amongst other things, serious interference with the Administration of Justice. An arrestable offence which consisted of making a threat was serious for the purposes of that Act if carrying out the threat would be likely to lead to, amongst other things, serious interference with the Administration of Justice. In any legal proceedings held in public, the court may, where it appears to be necessary for avoiding a substantial risk of prejudice to the Administration of Justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose. Information which is not exempt information by virtue of section 30 of the

Freedom of Information Act 2000 The Freedom of Information Act 2000 (c. 36) is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation ...

is exempt information if its disclosure under that Act would, or would be likely to, prejudice the Administration of Justice.

Quotes

Roscoe Pound Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a membe ...

said: "Dissatisfaction with the Administration of Justice is as old as the law".Brown, Louis M. "The Role of the Law Office in the Administration of Justice" (1981) 67

ABA Journal The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' Annual Bulletin'', 1908–1914) is a monthly legal trade magazine and the flagship publication of the American Bar Association. It is no ...

112
Digitized copy
from Google Books.

References

Bibliography

*James, John S. "Administration".

Stroud's Judicial Dictionary of Words and Phrases ''Stroud's Judicial Dictionary'' is a law dictionary. The First Edition by Frederick Stroud was published in 1890. The Second Edition was by the same author and was published in 1903. A supplement by the same author was published in 1906. A supple ...

. Sweet & Maxwell. London. 1971. SBN 421 14290 1. Page 68. *Bar Council. Code of Conduct for the Bar of England and Wales. 5th Edition. Paras 201(a)(ii) and (iii) and 202. *G Glover Alexander. The Administration of Justice in Criminal Matters (In England and Wales). Cambridge University Press. First Published 1915. Reissued 1919.
Google Books
*William H Morley. The Administration of Justice in British India; Its Past History and Present State: Comprising an Account of the Laws Peculiar to India.

Williams and Norgate Williams and Norgate were publishers and book importers in London and Edinburgh. They specialized in both British and foreign scholarly and scientific literature. Williams & Norgate was founded in the winter of 1842 by Edmund Sydney Williams (181 ...

. 1858
Google Books
*Miller, John. On the Administration of Justice in the British Colonies in the East-Indies. Parbury, Allen and Co. London, Leadenhall Street. 1828
Google Books
*"Contracts prejudicial to the Administration of Justice". T Anthony Downes. Textbook on Contract. Fourth Edition. Blackstone Press. 1995. Paragraph 8.7.3.2 at page 188.

External links

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