Viet Nam Human Rights
Ensuring justice in the institutional law
10/9/15
Ensuring
justice in the legal institutions has a significant meaning to ensure the ultimate
role, equality of law and the human rights recognized in law.
The
purpose of ensuring justice is to respect and promote the equality of rights
among individuals, protect the freedom and emphasize the responsibility of each
individual in society. In a state of law, justice and rule of law institutions
always exist for each other.
In
modern society, the interpretation of justice tends beyond the legal framework
by attaching the rule of law institutions as a form of political democracy with
social democracy and justice.
Thus,
justice has connotation which does not always coincide with the connotation of
the concept of law. However, the value of justice provides the basic criteria
to assess and evaluate the implementation the act. A fair law is a law-based
and not in opposition to the values of justice.
The
law serves justice if it helps create harmony in the human rights - as the man
of the people, and have the capacity to protect human rights when being
violated. Justice without the support of the law will become weak and faint.
The law does not base on the values of justice will become brutal,
repressive. The 621 BC Act Dracong was a good example of the harshness of the
law when it did not base on the values of justice; for example guilty of
petty theft as stealing vegetables were also executed. Since then, the “Dracong
Law” has become the term refering to the brutal and inhumane law.
Because
the law may itself abuse power to violate human rights, so while expressing the
will of the state, it has to reflect fully the needs and interests of the majority
of society members, and to fully convey the advanced value for the human rights.
Fairness
in the process of applying the law has an important role in safeguarding
justice. A law is deemed to be fair if it is applied openly and transparently,
impartially and consistently. Similar cases will be handled by a similar manner
of law. The law should be handled with the same case in the same way, except
with different circumstances.
Justice
is the correct perception and right action for truth, for justice and morality
in the human rights which are recognized by society and legal legacy. After
all, we could make a concept of justice in ensuring the rule of law
institutions is that the entire operation of inspection and supervision by
government agencies to ensure the position, paramount role and equality of law
in institutions of law and ensure the human rights recognized in law.
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