Judges exercise judicial power. They play an integral role in the judicial process, as they apply the law and in some cases create the law. While doing this they must take consideration of current political, social, moral and economic considerations and adhere to a certain consensus of society. The role of the judge is taken for granted by many people who view their role as an administrative one. Judges, especially those of the Supreme and High Courts are under extreme pressure and do not just decide cases in a machine like fashion- by reading and administering precedents.
What is it that Judges do when they decide cases:
A judge makes binding decisions affecting the rights and duties of people and institutions. In carrying out these duties, the judge can use three main sources of Australian law. These are; Acts of Parliament or legislation, the common law and precedents, and the constitution. Judges have these tools to work with, and they decide cases based on their interpretations of them. Faced with a case, a judge seeks the relevant legislation and statutes, looks upon the constitution if required and seeks precedent in order to maintain the law as it stands.
To what extent should they take account of political, social, moral and economic considerations:
What role should they play in making and/or applying law:
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