Fundamental justice is a term used to describe the basic principles of fairness and equity that underlie the legal system. The spelling of this term can be broken down using IPA phonetic transcription as /ˌfʌndəˈmɛntəl ˈdʒʌstɪs/. The word "fundamental" is pronounced with stress on the second syllable, while "justice" has stress on the first syllable. The "u" in "fundamental" is pronounced like "uh" and the "a" in "justice" is pronounced like "ah". Overall, the correct spelling and pronunciation of "fundamental justice" is important to ensure clear communication in legal settings.
Fundamental justice, also referred to as substantive justice, is a legal principle that encompasses the fundamental fairness and principles of natural justice within a society's legal system. It ensures that the administration of justice is conducted in a manner that upholds the fundamental rights and freedoms of individuals involved in legal proceedings.
At its core, fundamental justice requires fairness, impartiality, and equality before the law. It encompasses various principles such as the right to a fair trial, due process, and the presumption of innocence until proven guilty. It guarantees that all individuals, regardless of their social status, are entitled to certain legal protections, including the right to legal representation, access to evidence, and the opportunity to present their case.
This principle is safeguarded by the legal system to prevent arbitrary decision-making, abuse of power, and to maintain public confidence in the fairness of the law. It ensures that courts, tribunals, and other decision-making bodies adhere to certain standards of fairness and reasonableness when adjudicating disputes or imposing sanctions.
Moreover, fundamental justice also recognizes the importance of societal values and norms when considering legal matters. It weighs the interests of the individual against the greater good of society, striking a balance between personal rights and the collective welfare.
In summary, fundamental justice is a foundational principle that underpins the legal system, guaranteeing fairness, equality, and the protection of individuals' rights. It ensures that legal proceedings are conducted in a just and reasonable manner, upholding the principles of natural justice.
The term "fundamental justice" does not have a specific etymology, as it is a combination of two words: "fundamental" and "justice".
- "Fundamental" comes from the Latin word "fundamentum", meaning "foundation" or "basis". It refers to something essential, core, or crucial.
- "Justice" comes from the Latin word "justitia", meaning "righteousness" or "equity". It refers to the concept of fairness, moral righteousness, or the administration of the law.
When combined, "fundamental justice" refers to the basic and essential principles of fairness, equity, and the proper administration of the law.