ABSTRACT
Whether we speak of ‘justice’ or ‘fairness’, we imply a standard, perhaps a nebulous popular view, of what is ‘right’ as distinct from what is ‘wrong’. Administration of the law normally, as in the judge’s oath, denotes justice ‘according to law’. Although an ordinary person may consider an Act or regulation to operate ‘unfairly’ in a particular situation, a judge must base his decision and actions upon the legislation. The margin available to him to avoid a resulting perceived unfairness is small, sometimes nil.
