SALIENT FEATURES OF INDIAN JUDICIARY
(MODULE -2)
SHORT
NOTES
Common law
Under common law system, judiciary can make laws through judicial
decisions of courts which become binding precedents for all subordinate courts
in the hierarchy.
CIVIL LAW
Under civil laws system only the legislature or executive has the
power to create laws and rules
British tradition of 'common law'
Under this system the decisions orders judgments developed by the judges help in the creation
and development of laws and legal principles and which becomes binding precedents for
all subordinate courts in the hierarchy.
Adversarial Model
•
role of lawyers
representing the party becomes vital
•
adversarial systems
used in common law jurisdictions such as England
•
It is not open to
the judge in an adversarial system to enquire beyond the facts and evidence
that are presented by the opposing lawyers
•
His/her role is
largely passive; he is an impartial referee who advises the jury on matters of
law
INQUISITORIAL MODEL
• Judges are
more pro-active in adjudicating the matter.
• the
inquisitorial system being prevalent in mainland Europe
• The role
of the judge in an inquisitorial system which is based, as the name suggests,
on an inquiry into the case
• The judge is
not limited to hearing the submissions of the parties but can direct the
lawyers to address specific points or to call particular witnesses.
No comments:
Post a Comment