Courts exist to resolve disputes between the State and individuals or between individuals. They do this by considering the evidence on all sides of the dispute, interpreting the law as it applies to that evidence and determining judgments.
Hence, a ‘court’ is, in fact, the judicial decision making process, which when considered overall, is the tangible representation of formal ‘justice’ in society.
The Role
Courts exist to ensure that both the citizens and the state experience ‘justice’ in dispute resolution, where ‘justice’ is defined as equitable dispute resolution and the balancing of the rights and obligations of the State and individuals and between individuals, in accordance with legislation, common law and existing social standards.
The courts (judicial decision-making) function of dispute resolution is perhaps the single most important formal mechanism for ensuring social stability and cohesion.
For a society to be stable, citizens and residents need to be confident that the laws which govern them not only reflect socially accepted values and standards but also that should there be a dispute, the courts will interpret those laws impartially and that resolution will be achieved within a reasonable time-frame.
Citizens and residents need to have some confidence that there is justice for them in society; in particular, that the court is an effective (including timely) mechanism through which an individual’s lawful interests and rights will be protected; and that as well as the rights of the State being protected, the obligations of the State will be enforced.
