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  1. #1
    Join Date
    Jun 2006
    Posts
    1

    Cool Should judges should have more investigatory powers (following inquisitorial system)

    Dear all,

    I am a student in Taylors College Subang Jaya, Malaysia. For my undergraduates studies - my subject studies (Legal Studies) - I have to do a legal research topic. My chosen topic was "Should judges have more investigatory powers in the justice system?" As a general rule, my research applies to Australia's judiciary, but I think it's a general enough question to be asked.

    This is not an attempt to plagarize. My research specifies that to "prove I participate in the legal system", I have to either a) visit a courthouse, b) interview a lawyer, or c) join a forum discussion on my subject.

    I'm not sure if this is the right place to ask this, bearing in mind that this forum appears to concentrate more on politics than law. However, any help would be greatly appreciated. My deadline is 30th June 2006.

    In law, there are two systems of justice - either the inquisitorial (used in France, Germany and Italy), or adversary model. Australia uses the adversary model however. Therefore I'd like to ask your opinions - if Australia should use the inquisitorial model instead, and the benefits and drawbacks to it.

    Alternately, if anyone could pinpoint me to other online resources (book reviews, reports, etc, even more suitable forums), I'd be very thankful.

    Thanks,
    Low Jin Herng
    Class of K4
    South Australian Matriculation
    Taylors College Subang Jaya
    Malaysia
    ONLINE


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  2. #2
    Join Date
    Jun 2006
    Posts
    22

    Default Re: Should judges should have more investigatory powers (following inquisitorial syst

    Are you speaking more on a tribunal or the whole Aust Judicial system?

  3. #3

    Default Re: Should judges should have more investigatory powers (following inquisitorial syst

    Are you speaking more on a tribunal or the whole Aust Judicial system?
    the tribunal is part of the executive branch and thus there are no judicial members there (judges)


    yes. the inq. system should be adopted because this would mean that the judge can view the case into a deeper perspective and understand the case more throughly. in a certain sense, there would be more justice as judges have first hand knowledge of the issue at hand and does not have to rely on the lawyers to provide information.

    however, this would also mean that much of the judge's time would be taken up to investigate cases and cause huge amounts of backlog in the courts.

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