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Comparing The Criminal Justice System And The Preventive Detention System

732 Words3 Pages

Kalpana Kannabiran, Ranbir Singh,(Eds). Challenging the rules(s) of Law, Colonialism, criminology and human rights in India, Sage Publications India Pvt.Ltd.2008.
Rights – based governance should imbibe an ethos of public responsibility and responsiveness to the needs of the people, ensuring people’s active participation in governance, and transparency and accountability of public institutions. The CJS, as a constituent part if the overall democratic governance framework, has a share in reflecting these characteristics in its structures, policies and operation so as to enable socially excluded persons. p-160
No one is above the law, which allies equally to all, no one is exempt from the democratic principle of accountability. This means that the agents and institutions of the CJS must be made accountable to the people …show more content…

p-228
The CJS is based on the assumption of primary of social defence as the object of law, the maximization and optimization of due process as its strategy, and the pre-eminence of the courts that are legalistic and pro-accused in their disposition. The PDS, on the other hand, is primarily geared towards repressing ( for the most part, political and ideological) opposition, thrives on minimal due process, and gives pre-eminence to executive decision-making and ‘satisfaction’ in the initiation and affirmation of extraordinary proceedings.

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