Volume – 02, Issue – 01, Page : 01-
‘Competence’ in Administration of Justice

Author/s
Snigdha Gauri Sharma
Digital Object Identifier (DOI)
Date of Publication
28 October 2022
Abstract :
This research explores the concept of competence in law, traversing diverse legal contexts, jurisdictions, and dimensions to unravel the intricate interplay between mental capacity, decision-making, and the administration of justice. From the crucible of criminal proceedings in the United States, as exemplified by landmark cases like Dusky v. United States (1960), to the supranational governance structures of the European Union and the nuanced evaluation of fitness to plead in England and Wales, competence emerges as a linchpin in shaping legal outcomes. The examination of competence within the United States legal system unfolds against the backdrop of criminal trials, where the ability of an individual to stand trial and actively participate in their defense becomes paramount. The journey through cases such as Jackson v. Indiana (1972), Faretta v. California (1975), and Sell v. United States (2003) reveals an evolving discourse that balances individual rights with the imperative for a fair and just trial. The exploration extends to age-related considerations, probing the age of consent and the age of majority, which reflect societal norms and legal thresholds that mark milestones in individual autonomy. Within the European Union, the Principle of Conferral governs the distribution of competences, illuminating the delicate balance between collective decision-making and member state sovereignty. In immigration courts, the presumption of competence for non-citizen nationals intersects with the need for a rational understanding of legal proceedings, as exemplified by Matter of M-A-M (2011). The examination further encompasses contractual agreements, searches and seizures, witness competence, medical treatment decisions, and the right to waive counsel and self-represent. Throughout this exploration, competence emerges as a dynamic and evolving concept that underscores the fair and just administration of justice. As the legal system navigates the complexities of human cognition and autonomy, competence becomes the common thread weaving through diverse legal scenarios.
Keywords :
Age of Consent, Competency Evaluation, Criminal Proceedings, European Union Competences, Fitness to Plead, Immigration Court Competence, Informed Consent, Legal Competence, Mental Capacity, Right to Counsel.
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