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Monday 21 February 2011

IUS

The foundation of the word justice is the Latin word ius, which means right. So justice should be concerned only with achieving the right, in all senses: in truth, in logic, in human rights and in law.

That is underlined by sections 25(a) and 27(1) of the New Zealand Bill of Rights Act 1990, which lay down that everyone has the right to a 'fair and public hearing by an independent and impartial court' and 'to the observance of the principles of natural justice.'

It is also underlined by sections 6(a) and 6(b) of the Evidence Act 2006. Section 6 of that Act lays down its purpose, and begins with:

....
The purpose of this Act is to help secure the just determination of proceedings by--
(a) providing for facts to be established by the application of logical rules; and
(b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990;
....

Logical rules are simple. Establish a true premise, reason logically from it, and the conclusion will be right, must be right, cannot be anything but right.

The fundamental rule of logic is simple and powerful: 'If, if and only if the premise is true and the reasoning is true will the conclusion be true.'

Thus judges are told to establish the truth, to reason truly from it, and thus to come down with the true verdict, the right verdict. Failure to adhere to 6(a) and (b) is the corruption of incompetence or carelessness. Wilful failure to is deliberate corruption.