Justice 和 Judge有什么区别?

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Difference Between Justice and Judge

 

AbstractIt is a practice to refer to the judges of a supreme court as justices.Judges in lower courts are simply called judges. Usually, judges are appointed,elected or nominated, whereas justices are nominated.

 

Justice vs Judge 

Difference between justice and judge exists in therole they have to play in the legal system of a country. As we all know, inevery country there is a judicial system in place, to not only work as aguardian of the rights and freedom ofthe public, but also as a safeguard for their safety and security.Anyone who feels that his rights or freedom are being compromised or damaged byanyone can approach a court of law in the country to get a redressal for hisgrievances. The words judge and justice are frequently used to refer toofficials that work as custodians of the principles of righteousness, upholdingof what is considered fair and just by the society and the written constitution of thecountry. People think of judge and justice as being synonyms, and often usethem interchangeably, which is wrong as there are differences between thesewordsthat will be highlighted in this article.

 

It is a practice to refer to the judgesof a supreme court as justices. Judges in lower courts are simply calledjudges. However, there is no hard and fast rule regardingthis convention, and judges in some lower courts are also called justices.There is no doubt that both judges and justices deliver justice. The onlydifference pertains to the level at which justice is being administered.However, the roles and responsibilities being same, there is a difference inthe day to day duties of a judge from a justice of a Supreme Court too.

 

Who is a Judge?

Judges are persons who have passed law degree andhave experience as lawyers. Upon elevation asa judge, which is often through appointments,aperson gets powers to pass on verdicts on various matters related to law.Judges preside over a jury that isconstituted to hear legal proceedings and deliberate to arrive finally at adecision that is binding upon the warring parties. Judges are also qualified topass on prison sentences.

 

Who is a Justice?

Justices, on the other hand, are the part of thesame judiciary that consists of judges, lawyers, clerks, and other legalpersonnel. It is easier to think of justices as being arung higher in the ladder of judicial positions or ranks.Another difference between judges and justices lies in thefact that justices are often nominated rather than being elected. If youconsider the US Federal court justices,the President of US nominates them. However, there are states such as state ofMichigan in US that elect their justices or the judges for the Supreme andAppellate Courts.

 

Then, the term Justice is used in other places too.You might have come across the term Justice of Peace. Justice of Peace, as incountries such as Australia, is a normal person with good status in thecommunity who has the power to witness and sign affidavits and certify copiesof original documents. This person does not have to have an educationbackground in law as a justice or a judge. This is the normal definition of aJustice of Peace. He or she is not a judge in a courtroom. However, in somecountries such as in Belgium, Justice of Peace is a low-trained judge. Thedefinition varies according to country. In Canada, Justice of Peace is a judgewho has significant power in the provincial level.

 

What is the difference between Justice and Judge?

• Judge and Justice are officials responsible tohear legal proceedings and to pass on their verdict on legal matters.

• Justice is usually used to refer to judges inSupreme Courts while those in lower courts are referred to as simply judges.

• Though people use both words freely for peoplewho have studied law and have the qualifications to be able to pass verdict ondifferent matters pertaining to law, justice is a wordthat is older of the two, and was in vogue even as far back as 1200 AD. Theword judge appeared almost 100 years later, around 1300 AD.

• Judges are appointed, elected or nominated,whereas justices are nominated.

• There are differences in day to day duties ofjudges and justices. Normally, a judge listens to the court proceedings andcomes to a decision for the first time. However, a justice, as he belongs tothe higher courts, usually reviews a case that has already been concluded by ajudge. A justice has the power to change the verdict of a judge.

• When it comes to Justiceof Peace, he or she is normally not a judge in a courtroom. He or she israther a person with good character who has the power to sign certain legaldocuments. However, in some countries, Justice of Peace is a low court judgewhile, in some countries, he or she has a key role to play in provincialjustice.

 

 

(文章来源:实务法律英语)
发布于 2020-07-20 10:28:08
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