the english legal system and the democracy

Subject

We live in an age of specialisation. Yet, the English legal system relies on amateurs, whether juryman or justices of the peace, to take some of the most important decisions facing any civilised society – decisions which deeply affect the lives of the victims as well as offenders, and which can have a profound impact on the whole community.
To let justice in the hands of its own citizens is the highest expression of a mature, civilised, self-confident democracy.

Opinion

Nowadays, some jurisdictions continue to maintain lay magistrates who are not legally trained. Also, the English legal system is blamed for relying on its own citizens to hear the criminal cases because of their lack of ability due to an absence of law education. Indeed, to filter or to decide on those cases involves a lot of responsibility; hence it is an obvious danger concerning the law and order on the whole society.
In addition, given the fact that the Justices of the Peace are unpaid volunteers, most of the time judges belong to the upper classes, and express a lack of representativeness.
Yet, even if no formal qualification is required, magistrates need awareness, common sense, integrity and the capacity to act fairly. Consequently, justices of the Peace and jurymen are regarded as the highest expression of a mature and civilised democracy beyond only the technical aspect of the judiciary system.


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