Essay about The Role of the Judiciary

Essay about The Role of the Judiciary

Length: 1240 words (3.5 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

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

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 information from
both prosecution and defense but also to inform the jury of all
evidence brought forward. After this the judge is required to make a
lawful and moral decision on whether the subject is guilty or not and
to pass a sentence if he is found guilty.

In civil cases the court must make a judgment on the facts when no
jury is present and it is beneficial that at this time they do not
make any errors or over stretch their powers. A court decision is
required in civil cases on how to compensate the injured party.
However, not all of the work of the judiciary is to decide matters of
controversy as many matters bought before it are uncontested. Many
civil cases brought before it such as those involving divorce, child
custody, or the issue of contracts do not come to court and are solved
outside the court structure (also known as alternative dispute
resolution). So in such cases the judiciary's role is more
administrative than anything ...

... middle of paper ...

...entials there was a way for u too become part of the
judiciary. Also there are exceptions for others to also becoming
judges including junior judges or a tribunal chairman who has
practised between three to five years.

The Stipendiary Magistrates now known as District judges sit mainly in
London and must have a seven-year requirement. As a result of the
Access to Justice Bill, the unusual situation whereby a stipendiary
magistrate was not called a judge was resolved and is now referred to
as a District judge (Magistrate Court).

In conclusion, there is a vast amount of work that a judge and the
judiciary do and even though each judge's style of work is different
to the next they are still classed as judges and whether or not a
judge does a good job or a bad job will strongly depend on the
individuals themselves.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Role Of Judiciary And Sustainable Development : Public Interest Environmental Litigation

- ROLE OF JUDICIARY IN SUSTAINABLE DEVELOPMENT: PUBLIC INTEREST ENVIRONMENTAL LITIGATION IN PAKISTAN Environmental law is a fairly recent area of study and has evolved mostly over the last half century or so. One aspect of environmental law becoming increasingly important is the law relating to sustainable development; however it has not been deeply explored in judicial decisions. Law and policy making bodies, in the national and international arena, have accepted the principles of sustainable development, however they have been reluctant to explain them or mention defined details of the situations of their application and implementation....   [tags: Human rights, Law, Environmental law]

Strong Essays
1162 words (3.3 pages)

Essay on The Judiciary and Republicanism

- The United States promotes itself as being based on the principle of popular sovereignty, that is, the people’s capacity for self-government. The latter is secured by the existence of the higher and fundamental law that is the constitution. Indeed, article VI section 2 of the constitution states that it is the «supreme law of the land» by which the judges shall be bound. This fundamental law was «establish[ed] and ordain[ed]» by the people of the United States according to the preamble of the constitution; it thus follows that the people are sovereign....   [tags: self government, ratification, sovereignty]

Strong Essays
1665 words (4.8 pages)

The Judiciary in Ireland: Interpreter of the Constitution

- The Judiciary’s foremost role is to defend and uphold the constitution and to assure rule of law prevails in a country. In some ways it is the watchdog for the rights and liberties of the citizens. The Judiciary acts as a guardian of the constitution, arbitrates between the people and the legislature. Having said that has the Judiciary become puissant. Should we cap the amount of power it posses at present. I will discuss the question at hand by discussing the role of judiciary, the importance of the constitution and the conflict between constitutionalism and democracy....   [tags: politics, watchdog, power]

Strong Essays
1303 words (3.7 pages)

The Supreme Court And The Judiciary System Essay

- The Supreme Court is where we all look up with great hopes for justice. The Supreme Court is the place where the most important decisions of the country, the decision maker for the congress, and very importantly our constitution. The judiciary system plays a significant role in the lives of millions of Americans, which is why the framers of the constitution limited the powers of the judiciary system by the other two systems, namely legislative and the executive system. However, overtime, the judiciary system, especially the Supreme Court has drawn more powers than it is supposed to which can even harm the country....   [tags: Supreme Court of the United States, United States]

Strong Essays
829 words (2.4 pages)

The Second Challenge: Imperial Judiciary Essay

- People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them....   [tags: U.S. Government ]

Strong Essays
1279 words (3.7 pages)

Seeking a Just Judiciary Essay

- In recent years, many people in the United States have acquired an oddly tilted concept of how the judicial branch of government should function. Modern consensus postulates that the Supreme Court is the final arbiter of the Constitution, and that its judgments cannot be challenged or changed except through its own decision (Vieira). Curiously, however, this idea of giving the power of final constitutional interpretation to the judiciary—known in law as “judicial supremacy”—finds no basis in the text of the Constitution itself or in historical opinion....   [tags: judicial supremacy]

Strong Essays
826 words (2.4 pages)

Essay on The Power Of The Judiciary

- The Power of The Judiciary When the founding fathers of our country, and by that I mean the Federalists, were creating the system of government for America, they knew that a separation of power would be necessary to protect the American people from the evils of a monarchy or dictatorship. In doing this, they created the three branches of government; Legislative, Executive, and Judiciary. The plan was to have the Legislative make the laws, Executive enforce the laws, and the Judiciary interpret the laws, and it was Madison's system of "Checks and Balances" that would keep the three in check....   [tags: essays research papers]

Strong Essays
1643 words (4.7 pages)

The Independent Judiciary in the United Kingdom Essay

- The Independent Judiciary in the United Kingdom Q. Is there an independent judiciary in the United Kingdom. What obstacles, if any, hinder this independence. Although judges in the English Legal System are not part of the law making process, and full time judges are not allowed to be members of the House of Commons, they are still thought to be independent in a number of ways, as an independent judiciary plays an important role in protecting the liberty of an individual from abuse of power by the executive....   [tags: Papers]

Free Essays
586 words (1.7 pages)

The Reasons Why The Judiciary System Should Not Change Laws Essay

- ... The judiciary system is not involved in the process of making bills however they could make a private member bill for their cause to change in law. This shows that the judiciary does not act as a primary source in creating laws. In the section why bills are created a number of reasons where given for their creation and judiciary request was not one of the reasons given on the list which shows also the judiciary does not have a primary role in the making of laws. This part is in favour of the question that is being assessed on the judiciary not directly changing laws....   [tags: private bills, government, parliament]

Strong Essays
2779 words (7.9 pages)

Judiciary as the Most Powerful Branch of Government Essay

- Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position....   [tags: Papers]

Strong Essays
2619 words (7.5 pages)