A blupete Essay

Introduction, Part 1 to blupete's Essay
"On Judges"

It goes back to the time, when, in 1701, William of England was dying, childless, and concerns in England were renewed along with the assertions of the Stuart line. In order to insure that there was an indisturbable force that might be brought against any intolerable act of a king, a new act of succession was laid before the house which provided for the independence of the judiciary: no judge should be removed from office save on an address from parliament to the crown.1 There was, thereafter, to be a system of judicial proceedings, which, in the trial of causes, would secure through caution, deliberation, and thorough investigation; and, as far as possible, would be free from every influence but the simple desire to do justice. It was to be a system to be run by ordinary men and women. A system which entrusts itself to specialists but only to the extent of being depositaries of as much general, balanced and uniformed common sense as can be mustered.

Justice Peter Cory of the Supreme Court of Canada:

"Often the most significant occasion in the career of a judge is the swearing of the oath of office. It is a moment of pride and joy coupled with a realization of the onerous responsibility that goes with the office. The taking of the oath is solemn and a defining moment etched forever in the memory of the judge. The oath requires a judge to render justice impartially. To take that oath is the fulfillment of a life's dreams. It is never taken lightly. Throughout their careers, Canadian judges strive to overcome the personal biases that are common to all humanity in order to provide and clearly appear to provide a fair trial for all who come before them. Their rate of success in this difficult endeavour is high."2
And, since the principal role of a judge is to dispense justice, best we first deal with that concept.

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2011