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Word Count: 1,428
Judges exercise judicial power They play an integral role in the judicial process as they apply the law and in some cases create the law While doing this they must take consideration of current political social moral and economic considerations and adhere to a certain consensus of society The role of the judge is taken for granted by many people who view their role as an administrative one Judges especially those of the Supreme and High Courts are under extreme pressure and do not just decide cases in a machine like fashion- by reading and administering precedents What is it that Judges do when they decide cases A judge makes binding decisions affecting the rights and duties of people and institutions In carrying out these duties the judge can use three main sources of Australian law These are Acts of Parliament or legislation the common law and precedents and the constitution Judges have these tools to work with and they decide cases based on their interpretations of them Faced with a case a judge seeks the relevant legislation and statutes looks upon the constitution if required and seeks precedent in order to maintain the law as it stands Benjamin Cardozo wrote that Sometimes the rule of constitution or of statute is clear and then the difficulties vanish Even when they are present they lack at times some of that element of mystery which accompanies creative energy We reach the land of mystery when constitution and statute are silent and the judge must look to the common law for the rule that fits the case Cardozo adds that once a judge is in this position where legislation is silent he turns to precedent for answers Looking at precedent cases is an imperative role for the judge Taking the view of the layman past cases must be adhered to in order for justice to be served For example say I was
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