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Essay on The Role of the Judiciary
The Role of the Judiciary
A judge is a person who presides over a court of law whether it is a lower court or a higher court. There are many different types of judges,
varying from the Justices of Peace who sit mainly in the Magistrates Court in ordinary clothes, to the robed Justices of the Supreme Court of the
United States of America or the English Court of Appeal who decide questions of National importance. Yet they are all judges.
The judiciary is the branch of the government whose task is the administration of justice. The principle work of a judiciary is to be the moderator
of disputes. The court must decide on all aspects of the law when dealing with criminal cases and to gather...show more content...
Any judicial hearing will involve the participation of a number of people. The judge being the central figure, then u have the parties and their
lawyers that represent them but also there are other individuals involved too which may include witnesses, court room clerks, bailiffs and jurors
when a jury is required.
Although the stated role of the judiciary is to administer justice, the courts also unavoidably make law in which they are not supposed to.
They also make law, in the effect that they lay down rules that will be used in future cases, this is known as the doctrine of precedent. "Case
law is built up out of precedents, and a precedent is a previous decision of a court which may, in certain circumstances, be binding on another
court in deciding a similar case. This practice of following decisions is derived from custom, but is a practice which is generally and closely
observed." C.J. Parker once stated (Mirehouse v. Rennel –1833) "Precedent must be adhered to for the sake of developing the law as a science."
This is also known as 'judge made law'. Many judges today claim that one of their many roles is to observe and interpret law and not 'make' it.
Once a decision is made by
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Essay On The Role Of The Judiciary

  • 1. Essay on The Role of the Judiciary The Role of the Judiciary A judge is a person who presides over a court of law whether it is a lower court or a higher court. There are many different types of judges, varying from the Justices of Peace who sit mainly in the Magistrates Court in ordinary clothes, to the robed Justices of the Supreme Court of the United States of America or the English Court of Appeal who decide questions of National importance. Yet they are all judges. The judiciary is the branch of the government whose task is the administration of justice. The principle work of a judiciary is to be the moderator of disputes. The court must decide on all aspects of the law when dealing with criminal cases and to gather...show more content... Any judicial hearing will involve the participation of a number of people. The judge being the central figure, then u have the parties and their lawyers that represent them but also there are other individuals involved too which may include witnesses, court room clerks, bailiffs and jurors when a jury is required. Although the stated role of the judiciary is to administer justice, the courts also unavoidably make law in which they are not supposed to. They also make law, in the effect that they lay down rules that will be used in future cases, this is known as the doctrine of precedent. "Case law is built up out of precedents, and a precedent is a previous decision of a court which may, in certain circumstances, be binding on another court in deciding a similar case. This practice of following decisions is derived from custom, but is a practice which is generally and closely observed." C.J. Parker once stated (Mirehouse v. Rennel –1833) "Precedent must be adhered to for the sake of developing the law as a science." This is also known as 'judge made law'. Many judges today claim that one of their many roles is to observe and interpret law and not 'make' it. Once a decision is made by Get more content on HelpWriting.net