analyse the role of judges in the administration of Justice
Answers
Haw we know every country have own rules, rudiments, custom, language, politics and of course law. According the Thomas O’Malley “Some low is a science, to others it is an art but, in may ways it is also a craft.” To purpose of this essay is explain haw work administration of justice and haw look the Court Structure in the Ireland. Firstly we must understand what is law?? Law: the principles and regulations emanating from a government and applicable to a people, whether in the from of legislation or of custom and policies recognized and enforced by judicial decision.
If we want analyse and discuss the administration of justice we should be know what does “justice” mean? The justice this is “the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments”
Under the constitution the judicial function is the third organ of government power and consists of the interpretation of the constitution and the law and its application by rule or discretion to contention which arise between the state and - individual, and between individual –individual. Justice must be administered in courts established by statute law by judges appointed in the manner regulation in the Constitution.
Judges
Fallow the book “Principles of Irish Law” the justice shall be administered in courts established by the law by judges appointed in the manner provided by this Constitution moreover shall be administered in public. The judge in an Irish courtroom usually sits on a raised platform at the top of the court and wears white collars, a black gown and wig. Judges must have at least 10 years experience as a barrister or solicitor and usually they have many more years of experience before they are appointed. The practicing barrister of a certain seniority were eligible for appointment to the Circuit Court, High Court or Supreme Court. However solicitors could be appointed only as judges of the District Court. But the Act 1995 opens the way for solicitors and can appointed as judges of any courts.
Judges of the ordinary courts are appointed by the President on the advice of the Government. A judge cannot be a member of the Oireachtas (national parliament made up The President of Ireland and two Houses of the Oireachtas ; Dáil Éireann and Seanad Éireann) or hold any other position of emolument and on appointment makes a constitutional declaration.(Serkin J &Binchy W) This declaration should be made with 10 days of entering office, a judge is considered to have vacated that office. Through the statute can be regulated for example; age of retirement, pension, terms of appointment or number of judges. If people would like appointed to the High Courts or Supreme Courts will be select from four categories; 1) practicing barrister of not less than twelve years standing 2) serving judges 3) a judge of the EU Court or the Court 1st Instance or EU Court of Justice 4)Circuit Court judges of four years standing To quality for appointment to the Circuit must be a practicing barrister or solicitor of not less than 10 years standing ; service as a judge of the District counts as practice for this purpose. District Court judges are likewise appointed from amongst practicing barrister and solicitors of not less then 10 years experience. Judges this is premier person in court. And he give final judgment. But also in some jurisdictions, the judge's powers may be shared with a jury. Moreover the judges must be independent and justly for everyone person and situation.
I would like analyses what justice can do to reduce the numbers of serious crime? For this question answer has not been found over the past few years. I strongly believe that the best solution of this problem is to change the law.
First of all the judgments for criminals must be stricter. Death penalty cannot be abolished due to the fact that more and more offenders are no longer afraid of being punished. In my opinion justice should be more consistent and give sentences which will immediately frighten criminals.
Furthermore it seems to me that capital punishment in some cases is indispensable. Even though in certain countries this special sentence does not exist I believe that for instance a terrorist responsible for the death of dozens of people should not be kept alive.
As oppose to above ideas many people are still thinking that one person can‘t decide about somebody’s live or death.
All things considered I’m absolutely convinced that death penalty is a good idea to prevent the increasingly number of crimes but it should be used very carefully and only in necessity.