The use of the power to judge - a social responsability

In pursuit of its objectives, driven by power that is granted, the judge must apply the rule and take into account the evolution of society. Modernity requires an improvement of the Judge in all aspects of their training, be it legal, is the interaction with the new social parameters. The evolution of the Magistrate is, therefore, a need for the proper performance of its mission.
Given the new social reality, the judge must bear in mind that the power granted him by the state is a limited power, or power conferred on it only to promote social peace. In the exercise of jurisdiction, the judge must make use of knowledge in society, for, in applying the law to achieve the goals of the state.
The power of the judge to decide a conflict does not end in the law. It should capture the essence of social behavior, because the principles contained in the laws should find support and approval in the consciousness of the people, the sum of individual consciousness
This social behavior that the judge stress based on the interpretation of the law needs to be evaluated from the principles and guarantees laid down in the constitution, expressing the will of a dominant society.

Montesquieu writings about justice

‘There is no liberty’, ‘if the judiciary power be not separated from the legislative and executive. When judges make law, they exercise legislative power.

However, the judges are not, inanimate beings who cannot or moderate its strength or its accuracy. The role of interpretation of the laws would not be exercised by a body of judges, but by a court "must", linked to the legislative body - the stamp and representative nature of potential - would represent this "supreme power" to issue the laws and therefore mitigate their equity through the rigors and interpretation. Montesquieu did not conceive, therefore, a court composed of judges chosen by the people, with the task of interpreting the law or slow the accuracy in specific cases, insofar as the function of regulation was totally separate from the administration of justice. A body with such powers would be much closer to a supreme legislative body, which represent the will of the nation. The demarcation of political space is clear, in that the legislature had, on this view, prominence over the others, and even the function of controlling them, but "forced to walk in line."

The fall

So what about justice in this country? Justice is often thought of in terms of crime and punishment. Miscarriages of justice are notoriously common around politically motivated court proceedings, but they are not in any way restricted to these types of cases. In fact the idea of singular miscarriages of justice in some ways completely misses the point.

Many of industrialised 'democracies' employs a system of justice that deliberately targets members of the working class. Basically this is a tactic of ignoring the long established link between inequality, poverty and crime and managing the results. Long term unemployment, poor housing, and alienation from any meaningful decision-making process which could improve communities combine to create an environment in decay.
It sets up the conditions for communal decay and contributes massively to what is called 'anti-social behaviour'. This is not an attempt to rationalise away or ignore the very real impact that petty crime has, both to individuals and to society as a whole, but to argue that justice can only be achieved by tackling the causes of social decline and also by treating everyone equally when judging their actions and resulting impact.

It is an essential backstop in persuading officials and citizens to avoid corrupt behavior. It reinforces ethical standards for the good and provides some potentially strong reasons for those who are not (although the strength of those reasons is limited by the perceived likelihood of detection). However, the main game lies elsewhere. Law actually has a role to play in that 'main game' by creating institutional structures, setting out the powers of public officials, and monitoring the exercise of those powers under judicial review.
In best practice regimes, law already does these things. However, there are a number of ways of moving beyond best practice. Most of them ensure that the law is 'in synch' with ethical standards and institutional reform so that the three really do operate as a 'trinity' rather than as disparate, uncoordinated, and potentially conflicting integrity measures.
Determine What is Required
Law can play different roles - indicating what is acceptable and unacceptable behavior, providing reasons for action, removing offenders from the position where they can re-offend, creating institutions and structures, providing review mechanisms, etc. Every law that has a part to play in the integrity system of a jurisdiction should be considered in terms of the role it is intended to play and the role that it can play, and be amended accordingly.
In this process, drafters and politicians should always be aware that there is a more constructive use of laws than merely imposing higher penalties. They should also be aware of the value of laws that declare values and the means to achieve those values.
However, where penalties are involved, consideration should be given to the harm that is caused by corruption and the forms of penalty that will weigh most heavily with potential offenders.
The Laws Reflect and Back up Ethical Codes
Following the drawing up of the general public sector ethical code, the laws creating offences for public officials and those who deal with them should be reconsidered to ensure that they play their backstop role. First, public sector reformers should consider at what point on the normative continuum legal sanctions should be imposed. Secondly, laws should be re-drafted in terminology that reflects the ethical norms they are supporting. Thirdly, such laws should be considered for their consistency with ethical standards, ensuring that the most grievous ethical breaches are criminalized and that behavior which is ethical is not.

Power and abuse

The conception of Power – “Latin origin potere” can be applied to a person or group having great influence, force or authority, this last meaning the power or right to give commands, enforce obedience, take action or make final decisions meaning also a jurisdiction.
In a “bad way “a constant striving for power or authority in politics is a desire to find a source of a superior power upon one relies.
The link between Power – and Public Integrity in the Public Interest following the distortions of its concept and functions in an democratic society where the exercise of the Power is legitimated by the People that elects someone to rule in their collective benefit and use the influence and authority to give welfare, development. A fair exercise of authority is the motivation of the electors.
Distortions of power are believed to conduct to a distortions of peoples rule and government making the legal framework of “abuse of power” an inconsistent and with obvious useless.