A judge is someone who is appointed to a case to decide its outcome. Reference this. Guardianship of the Constitution: Thirdly, in federal States like India, the U.S.A. and Switzerland, the … A lawyer is a person who practices law, whereas a judge is a person who presides over the law. *You can also browse our support articles here >. For certain other judicial roles, you can apply if you’re an experienced legal academic, or trademark or patent attorney. The Role of Judges in Criminal Cases. According to Lord Scarman, “In the field of statute law Parliament makes and unmakes the law, the judge’s duty is to interpret and apply the law, not to change it to meet the judge’s idea of what justice requires. The Role of Judges. Judges have a unique role in the American democratic system as the unbiased interpreters of the law and the dispensers of justice. [vi]. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The Role of the Judge. Our quick bright guide to what a barrister does and whether it could be the right career path for you. 11. Statutes are not altered, only the process of application is differed for the judges. Not being able to get the time away from work (e.g. Free Life in the UK Test Material 2020. When it comes to giving advice, judges and solicitors both do this role. As Lord Wilberforce put it in the 1983 House of Lords Air Canada case in 1983, “In a contest purely between one litigant and another, … the task of the court is to do, and be seen to be doing, justice between the parties … . A judge is a person competent in law and appointed to hear cases in a law court. Role of the judge in civil cases 1276 words (5 pages) Essay 16th Dec 2020 Law Reference this In England and Wales civil justice predominantly gets taken to county court where the case will be dealt with and whenever there is a much more complex case then it will be taken to High Court. What is a 'barrister'? Judicial role. This ambiguity may lead to arguments that judges can actually rewrite statutes to make them compatible. A bench trial is also known as a trial by judge, wherein the judge, instead of a jury, makes the final decision. In a jury trial, the jury will make the final decision regarding guilt. They decide what the sentence of a guilty defendant should be. A judge also must make sure all the parties and witnesses follow proper courtroom procedure. Judges and magistrates have different jurisdictional powers. This is now the dominant interpretive rule that judges employ as it helps to avoid absurdity and injustice, and promotes flexibility. A judge wears a traditional white wig and black gown and is in charge of the fairness of the trial. Jade Thirlwall is reportedly being tapped for a role as a judge on ITV's Stars In Their Eyes reboot Starstruck. The sit in both halves of the English court system, the criminal and civil divisions. The role of the judge: Judges should ensure that the tribunal or court works as a team and the hearing is fair. A more basic pre-condition for the effective exercise of the judicial role is acceptance by society at large and mutual institutional understanding, indeed dialogue – … This shows adherence to parliamentary sovereignty. The Hansard is the official daily report of parliamentary debates, and therefore a record of what was said during the introduction of legislation. 10. For free and confidential legal advice in South Australia call 1300 366 424. You should not treat any information in this essay as being authoritative. There is a danger that judges create laws instead of following them. Out of these, lawyer and judge are two of them. Depending according to the country, the roles of lawyer and a judge might differ. A judge is not a prosecutor. Lord Browne-Wilkinson who gave the leading judgment argued that under the Black-Clawson the courts were already allowed to look at White Papers and official reports in order to find the mischief. There is a trend in recent years showing that judges may be gaining more discretion, but does this mean that judges can rewrite statutes? This seems to point to judges rewriting statutes on face value, but when we consider the issue thoroughly, judges are actually applying the statutes according to their moral or political interpretation. The judge has five basic tasks. This gives rise to the Golden Rule, where the literal rule leads to an absurdity; the court is allowed to find other meanings by adapting the language of a statute. [vii] The basic idea is still that of judges not interfering with the legislature. However, there are differences between the roles and responsibilities of a judge and a jury that will be highlighted in this article.
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