WHAT IS LAW Pare:- 3

Wednesday, December 26, 2012

The question of how disinterested the judge should be can be linked to the difference between the adversarial and the inquisitorial systems of law, which deserve a brief mention here. The former is Used in SriLanka and the common law countries such as England, the United States and Australia, whereas the latter is prevalent in the civil law countries of Europe. The adversarial(or, as it is also called, the accusatory) system has a neutral judge who decides between two sides to a dispute as presented by the lawyers on either side. The judge’s involvement in the proceedings is minimal, expect when he or she makes a determination. Under the inquisitorial system the judge takes a much more active part, calling and examining witnesses, and effect carrying out an investigation into the matter. The emphasis is on discovering the truth or what actually happened, as opposed to deciding between two contrasting versions of it based purely on the material placed before the court.