Adversarial Role of Magistrate in Common Law Countries
![handle is hein.journals/ijlmhs17 and id is 1031 raw text is: International Journal of Law Management & Humanities
Adversarial Role of Magistrate in Common
Law Countries
SAURABH SINGH'
ABSTRACT
The two systems of law are generally followed in major countries of world namely, the
Adversarial system and the Inquisitorial system. The adversarial system is followed by most
of the common law countries and the inquisitorial system is followed by the civil law
countries. The Research Article talks about both these systems and their comparative
analysis. Also main focus of the author is to understand the role of magistrate in common
law countries as compared to that in inquisitorial system. It focuses in the major role of
magistrates in development of law. In Adversarial system, the court acts as a referee in the
matter between prosecution and defense. It is like a contest between 2 parties. In
adversarial procedures before juries, the judge serves as moderator and referee on legal
issues, rarely participating in questioning until he or she believes that key legal or factual
issues need to be clarified. A judge decides the facts of the case as well as legal issues in a
bench trial (without a jury). It is the duty of the judge to decide the case on the basis of
presentation of evidence. While on the other hand, Inquisitorial system involves
investigation of case by court for getting proof of facts of the case. This system mainly
revolves around the dispute resolution and justice for society as well as individuals.
Although they both are different from each other, countries use them.
Keywords: Adversarial; Inquisitorial; Magistrate; Investigation; Power.
I. INTRODUCTION
The order in society in contemporary times is obtained by enforcement of law. The paper
focuses on the common law countries with adversarial law. Common law is law created by the
judges or quasi-judicial tribunals. It focuses in the major role of magistrates in development of
law. In Adversarial system, the court acts as a referee in the matter between prosecution and
defense. It is like a contest between 2 parties. In adversarial procedures before juries, the judge
serves as moderator and referee on legal issues, rarely participating in questioning until he or
she believes that key legal or factual issues need to be clarified. A judge decides the facts of
the case as well as legal issues in a bench trial (without a jury). It is the duty of the judge to
decide the case on the basis of presentation of evidence. While on the other hand, Inquisitorial
1 Author is a LL.M. Student at National Law University Delhi, India.
© 2022. International Journal of Law Management & Humanities [ISSN 2581-5369]
1031
[Vol. 5 Iss 3; 1031]](ViewImageLocal?handle=hein.journals/ijlmhs17&div=75&collection=&method=preview&ext=.png&size=3)
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Adversarial Role of Magistrate in Common Law Countries
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