Common Law vs Civil Law
Common law is uncodified and does not have an extensive collection of legal rules and statutes, relying mainly on precedent. In common law countries, court records and case law collections called yearbooks and reports guide presiding judges in deciding new cases. Thereby, judges play a crucial role in the evolution of laws. Common law incorporates the adversarial system in which opposing parties contest an issue before a moderating judge and a jury that may not necessarily have legal training. The judge uses the jury’s verdict to deliver an apt sentence.
On the other hand, civil law is codified with continually updated legal codes for what can be brought to court, relevant procedures and appropriate penalties. In the civil law system, the judge may be the one to bring forward formal charges and deliver a decision after investigating and establishing the facts of the case and applying relevant codes to them as established by the codified set of laws. However, a judge’s decisions do not as significantly shape the law as the decisions taken by legislators and legal scholars who formulate the code.
What It Takes to be a Justice
Given the nature of their work, Supreme Court Justices must possess the capability to read, process and research extensive case material. A thorough understanding of the law and legal procedures is indispensable to analyse the complexities of cases logically to arrive at well-considered decisions. Justices must have excellent writing skills to ensure that their documents, which imply finality and authority, are accurate, coherent, and comprehensive. An understanding of how the government works is invaluable as Justices work closely with
A Justice’s work has to do with people, which means that they must constantly engage with conflict resolution, which necessitates interpersonal skills. Furthermore, since Justices can occupy their positions for a lifetime, they must respect and get along well with each other. Above all, the nature of duties that Supreme Court Justices discharge is such that they must remain in good standing and display impeccable moral character, with not a hint of any criminal background. A proven track record of pursuing justice under the law is an invaluable asset.
The Role of the Supreme Court
In a constitutional form of government, the Supreme Court, as the highest legal authority in the land, plays a crucial role. Seekers of justice approach it as their last resort, and by exercising judicial review, it keeps a check on the powers that each government branch exercises. The Supreme Court is responsible for protecting civil rights and liberties by taking appropriate action on laws that violate the constitution. It ensures that democracy stays within its reasonable limits and that popular majorities do not pass laws that oppress unpopular minorities. The Supreme Court essentially guards the freedom of speech and religion, the due process of law and other values fundamental and common to all in the land.
History of the US Supreme Court
The US Supreme Court was established by the United States Constitution by the Judiciary Act of 1789 and witnessed its first assembly in 1790. The court represents a 225-year-old legacy of federal and just distribution of power among the three branches of the government.
Significance of the UK Supreme Court
The Supreme Court of the United Kingdom was established to ensure transparency in the Parliament and secure the independence of the Lords. In August 2009, Justices moved out of the House of Lords into their own building on the opposite side of Parliament square. They assembled for the first time as a Supreme Court in 2009. Supreme Court verdicts shape not only society as a whole but each individual’s daily life as well.