StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Proper Role of Judges in the Legal System - Essay Example

Cite this document
Summary
"Proper Role of Judges in the Legal System" paper argues that judges should not be delegated the duty of making laws because if they are allowed to make laws, they will be in contradiction to the principle of separation of power. They would use the law retrospectively in hard cases…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.4% of users find it useful
Proper Role of Judges in the Legal System
Read Text Preview

Extract of sample "Proper Role of Judges in the Legal System"

Judges have the role to ensure that they perform their roles properly by striving to promote the common good of all citizens since the rights of individuals are more important in any case. Law is viewed as a way of condemning evil or wrongdoings of some people in society. Therefore, according to human positivism law ought to be accounted for because it views the central case of the government as self-government of people who enjoy their freedom and have appointed the said government in power to protect them against anarchy (Dworkin 47).

Law is universal in the sense that it is conceived in the reason of the leader and transferred to the reason of the subjects. The legal system hangs together as a set of requirements since they are specifications of the duty and aspirations to treat people as entitled in a fair and just manner. That is to say that, people should be ruled as free individuals, not puppets to be managed and kept by manipulation and fear. This is only possible in the legal system if the judges promote such fairness in the process and procedures of maintaining the law in order to strengthen the efficacy of the law, this should not be seen as judicial activism that aims to ruin the legal system.

In order to clearly understand rights, they should be perceived in the context of constraints on the types of reasons that institutions or governments may legitimately act upon them. Therefore, the legal system is set up in society so as to protect the rights of individuals. In addition, rights can be well understood from the basis of simple protection for certain individual interests against the requirements of the common good. Judges should know that rights and rules are different in the legal system in that rights are more fundamental than rules because rights exist before their description in the aspect of rules (Dworkin 59).

This argument justifies the statement that rights are more significant than rules in the legal system since they develop naturally. In order to arrive at an ideal answer, judges must have wisdom and knowledge from the history of decisions and the comprehension of the political sphere. A right answer, therefore, should be the one that produces a better fit with existing legal practices and law. In sum, the theory of justice is based on the argument that all political judgments should be decided upon injunction that people are equal as human beings irrespective of their social status or situations they are in.

Judges should not be delegated the duty of making laws because if they are allowed to make laws, they will be in contradiction to the principle of separation of power. More so, they would use law retrospectively in hard cases which is against the rule of law.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Philosophy of Law Essay Example | Topics and Well Written Essays - 500 words - 1”, n.d.)
Philosophy of Law Essay Example | Topics and Well Written Essays - 500 words - 1. Retrieved from https://studentshare.org/philosophy/1595604-philosophy-of-law
(Philosophy of Law Essay Example | Topics and Well Written Essays - 500 Words - 1)
Philosophy of Law Essay Example | Topics and Well Written Essays - 500 Words - 1. https://studentshare.org/philosophy/1595604-philosophy-of-law.
“Philosophy of Law Essay Example | Topics and Well Written Essays - 500 Words - 1”, n.d. https://studentshare.org/philosophy/1595604-philosophy-of-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Proper Role of Judges in the Legal System

Advocacy-LLM Criminal Litigation

The criminal advocates help to ensure that all citizens receive a fair trial in the adversarial legal system, which is the backbone of the nation's criminal justice system1, It is widely accepted that a huge sum is being spent as criminal legal aid in UK, pubic expects an efficient and effective advocacy from criminal advocates and if any poor standards will definitely not only have an impact on the quality of criminal advocate profession but also on the overall legal profession in UK....
13 Pages (3250 words) Essay

The Judiciary in England and Wales

Consequently, the lone-rangers in the judiciary such as Hale have called for more women and ethnic minority judges in the courts.... To that extent, if a legal system puts in place an independent judiciary then such a system shall not need a diverse judiciary since the independent Bench will adjudicate without being influenced by prejudice.... Britain and Wales has therefore learnt from the American judicial system which seeks to introduce and follow major policy initiatives to increase diversity in the judiciary and to reduce the overtly political nature of judicial appointments....
10 Pages (2500 words) Essay

Understanding the Law

Introduction to Law and the legal system.... Ratio decidendi is the legal reason upon which the case that is referred to for interpretation was made.... A judge determines legal principles involved in a case and advices the jury on the legal aspects while the jury hears and evaluates facts of the case and determines the verdict.... The doctrine of precedents establishes former decisions by judges to form ground for decisions to be made by other judges in future cases....
7 Pages (1750 words) Essay

Court Characteristics, Personnel, and Decorum

Zander, Cases and Materials on the English legal system (Cambridge University Press, 2007) 349. ... n addition to preparing and protecting the legal record, the Bureau of Labor Statistics website informs that many stenos assist judges and trial attorneys in a variety of ways, such as organizing and searching for information in the official record or making suggestions to judges and attorneys regarding courtroom administration and procedure (Bureau of Labor Statistics). ...
8 Pages (2000 words) Assignment

The Role of Magistrates

At an informal level, the shared frustrations about lack of authority and status led the district's magistrates to joke with each other about their status and the judges in the district.... In addition, control of the magistrates, including task assignments, has been left under district judges in order to preserve the constitutionality of the magistrate system through supervision by judicial officers.... These subordinate judicial officials act as judges in conducting the activities within a courtroom through the use of discretionary judgments and reliance upon the accoutrements of judicial office....
17 Pages (4250 words) Essay

Elements of the Legal System: Courts and Juries

the legal system is made up of elements that include courts, lawyers and juries all of who work together to preserve individual freedoms and protect civil rights.... the legal system provides a framework through which the constitution is upheld by all.... The most important role of the courts in society is to interpret the law and help in its Their other duty is to resolve conflicts that arise between individuals, companies and government units....
4 Pages (1000 words) Essay

Comparison between the Australian System and the Unconstitutional System of the US

Conspicuously, the privileges encompassed did not encompass the positivist privileges that are contained in the legal system of Australia.... n order for someone to comprehend the legal system of Australia, it is of necessity for him or her to comprehend the history of that system.... herefore, as Hughes, Leane, and Clarke (2003) put it, there are three distinctive facets of the legal system of Australia that we ought to understand: ... In reality, the British antecedents have strongly shaped the legal system of Australia....
15 Pages (3750 words) Research Paper

Civil Law, Common Law and Legal Disciplines

Part 2The primary features of each system is represented in the table belowFeature Common lawCivil lawRole of judges Judges referee between antagonising lawyers, deliver rulings and decide on matters surrounding contested laws; they set precedent, investigate facts but rarely make deep enquiries instead opting for what is presented in courtsJudges enquire about facts and makes rulings: they are the chief investigators; they seek facts of the case and apply only provisions of the required case....
8 Pages (2000 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us