The judicial system, which is a part of the governmental organization, is present in every country around the world. This system of government is meant for governing and guiding people to provide them with an orderly and peaceful environment. Anyone who believes that his or her liberties or independence are being jeopardized or harmed by someone else can file a complaint with a court of law in the country to pursue legal action for his or her concerns. The terms judge and justice are commonly used to refer to authorities who serve as stewards of the ideals of morality, defending what is deemed equal and just by culture and the government's federal structure. People commonly use the phrases judge and justice identically, which is incorrect since there are variations between these concepts that will be referred to in this article.
Justice vs. Judge
The major difference between a justice and a judge is that a justice is someone who does not need to have formal law or any legal training to be appointed to a higher rank or order. Rather than being elected, justices are nominated. On the other hand, judges are the persons who need to have formal or legal training to handle cases in courts of lower rank. Judges preside over juries, which are formed to examine court cases and investigate to reach a resolution which is mandatory for the opposing parties.
Differences Between Justice and Judge in Tabular Form
|Parameters of Comparison||Justice||Judge|
|Meaning||Justice is someone who is appointed in a higher rank or higher court of order like the Supreme Court.||A judge on the other hand is someone who is appointed in courts of lower rank or order. They preside over legal proceedings such as court cases and court hearings.|
|Appointment||A justice is elected.||On the other hand, a judge is appointed by the executive branch of government through the Attorney General.|
|Day to day duties||A justice, as a member of the superior courts, frequently examines a matter that has previously been decided by a judge. Justice has the authority to overturn a judge's order.||A judge usually attends to the judicial proceedings and makes a ruling for the first time.|
|Qualification||They do not need any formal training or legal education for practising.||They require a law degree, need to pass the bar examination as well as undergo formal training or legal practice.|
|History||The word justice is older than judge. It was in use as far back as 1200 A.D.||The word judge is comparatively new and it appeared almost a century later i.e. around 1300 A.D.|
|Origin||The word justice originated from the Old French word, Justitia.||On the other hand, the word judge is derived from the Old French word, jugier, which means to judge.|
|Role||They can officiate marriage ceremonies, verify official documents, and, in rare situations, issue an advisory statement.||Their role is to conduct legal disputes and judicial proceedings.|
Who is a Justice?
Justice serves on both the Supreme Court and the State's Appeal Court. Justices have either been elected or appointed. In certain states, judicial contenders are supported at the Democratic Party convention, the Conservative Party convention, or indeed any party with ballot access to the Supreme Court Bench. He is not required to have a degree in law or other relevant professional education or legal experience. This is because he is not in charge of the judicial process. He can, however, preside at ceremonies and nuptials and examine official documents.
In some regions, justices work alone. However, in particular cases, they work in panels together. The panel consists of three justices who decide the case. In rare situations, a whole court of justices is assembled to concentrate on a single case. This occurs when one instance is more complicated or conspicuous than the rest. In several other states, the president appoints justices to the federal judges as well as the Supreme Court. This is done when the Judicial Nominating Commission of the state is consulted.
Justice is used in other places too. They differ based on region to region. For instance: Justice of Peace. In countries like Australia, the Justice of Peace is a regular person with positive community standing who has the authority to verify and certify testimonies and authenticate copies of original documents. This type of justice does not necessarily need to have any formal or legal education and experience. The Justice of Peace is not a courtroom judge. Again, in nations like Belgium, a Justice of Peace is a low-level judge. This definition varies from nation to nation. Again, in countries like Canada, the Justice of Peace is a judge with considerable jurisdiction at the county level. Volunteer justices of the peace and bail justices are appointed to undertake a quasi duty in all parts of Victorian society. In the Victorian community, the major official tasks are verifying mandatory pronouncements, testifying testimonies, and considering bail proceedings beyond court hours. Justices of the Peace (JPs) serve the community by acting as impartial eyewitnesses to constitutional pronouncements, orders of representation, and documents. JPs, who are also volunteers, are chosen after a thorough interviewing, written exam, and practical test. They are appointed by the governor-in-council after being nominated by the county prosecutor, and their function is to approve and verify legal statements and oaths within the state of Victoria.
Who is a Judge?
A judge is someone who presides over the proceedings of the court and various other courts of lower rank either alone or in a group. To climb the ladder of being a judge the person needs to have a formal degree as well as clear the bar examination. They are also required to get legal experience to succeed in the post of a judge. The tasks and obligations of judges vary depending upon the type of judicial process used by a government. Most countries appoint judges, whereas justices are chosen. Judges have to perform legal tasks and preside over legal processes such as courtroom proceedings and criminal trials. They are the ones who provide a decision in a matter depending on the information offered as well as the right procedural requirements and norms. Judges also have the power to impose jail sentences and punishments.
If a judge resigns from the bench, a new judge is appointed to fill the vacancy. The state's governor appoints this judge. This substitute judge is appointed to the tribunal until another legislative poll. In other states, however, the governor accepts suggestions from a legal general assembly before appointing the Judge. When a person is appointed as a judge, he or she gains the authority to provide decisions on a variety of legal issues. Judges may work alone in minor matters, but in case of criminal, familial, and other major issues, they act as part of a board or the committee. This panel may include amateur judges in various civil law jurisdictions.
The judges in the lower courts hold various trials and also listen to different oral arguments from both sides. It is also the responsibility of the judges to follow and respect their moral and social values and customs. They should be unbiased while taking different decisions. It is also of utmost crucial that the judges follow the necessary steps to be right in every step while making a decision.
Role of the Judge
The judges perform various roles on legal grounds. Some of the most important ones are as follows:
- The role of the judge while dealing with any court hearings depends upon the nature of the case and also the presence of the jury in the courtroom. Hence in most critical cases such as the ones relating to a murder crime or any other serious family matters there needs to be a jury along with the judge to look into the proof provided and also to determine the cause of the mishap and understand from the evidence whom to held guilty from both the parties.
- Juveniles cannot be charged with crimes because of their lessened culpability, hence judges have distinct obligations in juvenile matters. In such a case, since the court is not related to criminal laws, thus the procedures which are followed are not procedurals and the young person or the juvenile committing a crime is not entitled to the jury panel. Instead, the judges themselves can control what action to take before processing the case to the jury members of the high order. The judges' role in this situation is to take action which is best for the juvenile along with protecting the community and the legal procedures.
- When any case comes to the court, before proceeding with the legal steps, the judges need to examine if the cases are supported with enough pieces of evidence for presenting it before a court of law. The judge must also appoint a lawyer to the opposition party if they cannot hire a lawyer to speak for them. The role of the judge is also to deal with providing bail. In most cases, the judge must also ensure that the plea or the request that has been made is voluntary and that it does not involve the judges themselves in any possible way.
- Judges also play the role in signing search warrants and arrests. The common law legal system allows them to use such powers. This is seen to be followed in the United States of America where the judges use this power to reduce violence in the courtrooms, to execute orders for the person to refrain from doing something, to penalize judicial misconduct procured by any individual and so on. In this sort of system, judges can declare legislation unconstitutional if the cause is relevant to the case at hand. Furthermore, the judges also have the authority to deviate from precedent, thereby giving the legal system considerable flexibility in its interpretation and explanation.
- The judge may also render the decision in the matter after the trial or they may reserve the decision and hold it till further notice. When a judgement or a decision is reserved for the judges to decide, it takes time to review the matter before delivering the final decision. If the jury is present, it is normally the jury’s role to provide a conclusion to a case. However, the role of the judge is to direct the jury and make sure that the trial is conducted appropriately.
Differences Between Justice and Judge in Points
- The day to day responsibilities of judges and justice varies from region to region. A judge usually listens to the proceedings of the court and makes a ruling for the very first time. On the other hand, justice, as a member of the higher courts, frequently examines a matter that has previously been decided by a judge. Justice has the authority to overturn the decision of the judge.
- Justices, can officiate marriages, witness legal papers, and issue opinion letters in exceptional circumstances. Judges preside over trials as well as oversee the procedures of the legal proceedings.
- Justice is a person appointed to a superior level or upper body of the order, such as the Supreme Court. Judges, on the other hand, are someone who is assigned to lower-ranking or district courts.
- Though both phrases are commonly used for those who have eventually settled and have the credentials to pronounce judgment on various legal situations, justice is the eldest of the two and was used as early as 1200 AD. Nearly a century later, around 1300 AD, the word judge arose.
- Judges need to possess qualifications such as they need to have a degree, passing the bar examination as well as having an experience of five years to become full-fledged judges. On the other hand, justices do not need to have a formal degree or possess an experience like the judges.
Thus, from the above discussion, it is seen that the judicial system of any country is very important as it provides welfare to the nation. Justice and judges also play an important role in taking judicial decisions for the government to function smoothly.