Justice — Legal & Natural

1. What is Justice?

• Definition: Justice is the fair and equitable distribution of rights and obligations (or duties) among the members of a society.
• Legal Justice: This means justice administered according to what the law declares to be just (True). It represents the distribution of social benefits and burdens via the rule of law.
• Natural Law / Justice: These are universal principles of justice fixed by nature and accessible through human reason. Thus, natural law essentially means principles of natural justice (like the right to a fair hearing).

2. Salmond on the Administration of Justice

• Definition of Law: Sir John Salmond famously defined law as: "the body of principles recognized and applied by the state in the administration of justice."
• Administration of Justice: Its core purpose is the protection of individuals from the unjust and unlawful deeds of others (True).
• The Evolution of Courts: Over time, justice becomes increasingly "justice according to law," and courts of justice become increasingly courts of law.
• The Necessity of Justice: Salmond colorfully described human nature and the absolute need for state-enforced justice by observing: "A herd of wolves is quieter and more at one than so many men."

3. Constitutional Writs: Error on the Face of the Record

When a lower court or tribunal makes a clear legal error that is obvious from the official record (an "error apparent on the face of the record"), the high court can issue a specific writ to review and quash that decision.

• Writ of Certiorari: This is the correct writ issued to correct an error being on the fore face or record (or to check if a lower forum exceeded its jurisdiction).