In what ways does legalisation differ from justice, and why is this distinction important in the context of lawmaking?

Legalisation refers to the process by which something is made legal through the enactment of laws by a legislative body. Justice, on the other hand, is a broader moral and ethical concept concerned with fairness, equity, and doing what is right. The distinction between legalisation and justice is crucial in lawmaking, as not all laws that are legal are necessarily just.

• Nature and Scope:
  • Legalisation is a formal, procedural act—passing rules and regulations that make certain actions lawful.
  • Justice is a substantive value—ensuring fairness, equality, and protection of rights.
• Source:
  • Legalisation comes from legislative or executive authority.
  • Justice is rooted in moral, ethical, and constitutional principles.
• Application:
  • Legalisation can sometimes uphold existing power structures or social biases, if not checked.
  • Justice seeks to correct imbalances, protect minorities, and ensure equality before the law.
• Examples:
  • Historical laws such as racial segregation or untouchability were legal but unjust.
  • A just law promotes human dignity, equality, and public welfare, even if it requires challenging existing norms.
• Importance in Lawmaking:
  • Lawmakers must look beyond mere compliance with procedure and consider the ethical and social impact of laws.
  • Laws should be tested against principles of justice, such as those found in the Constitution (e.g., Fundamental Rights).
  • Public consultation, judicial review, and adherence to constitutional values help ensure laws are just, not merely legal.