Seanad debates

Wednesday, 12 November 2003

Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages.

 

One of the great strengths of our system is we choose people of experience who have not worked their way up through the system, have not had all the corners knocked off them or have not become part of the grand State apparatus. They are chosen from outside the State apparatus and put on the Bench on the basis of their experience and qualities and are expected to act as independent arbiters between the State and the individual. That system, which operates throughout the common law world with different methods of vetting and so forth, is far superior, and I admit to being prejudiced on this, to a career judge system. I believe litigants in the common law system have absolute conviction that when they go before a judge appointed on that basis and who holds the scales between them and the State apparatus, they are not being confronted by a part of the State adjudicating their case in the interests of the State.

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