Criminal Justice Delivery System

Justice delivery system and mechanisms have throughout the ages evolved as a tool to make justice and fairness prevail in the society. The pivotal object of any legal system across the globe is to provide justice equally and therefore no discrimination based on who comes before the court. If this object is to be accomplished then it becomes essential to develop principles of law in such a manner that, in so far as possible, similar cases will lead to similar decisions. This requirement of uniformity and consistency runs through all branches of law and for any legal system or justice delivery mechanism it is necessary to follow a consistent and similar modus operandi so that justice can be met equally to all. Usually the legal systems of all
states are based revolving around principles of equality and non discrimination and therefore there are not many obstacles in this aspect. However the problems become particularly acute in those cases which may require the application of rules of law that are foreign to the particular country’s courts. In cases having elements that connect them with other jurisdictions, one of the questions that arise is whether foreign rules of law should be reflected in the decision of the court, and if so, to what extent. In essence this is a question of choice of law.
The recognition of the Renvoi theory implies that the rules of the conflict of laws are to be understood as incorporating not only the ordinary or internal law of the foreign state or country, but its rules of the conflict of laws as well. According to this theory “the law of a country” means the whole of its law.