Adversarial Role of Magistrate in Common Law Countries

  • Saurabh Singh
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  • Saurabh Singh

    LL.M. Student at National Law University Delhi, India.

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1031 - 1045


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