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The Introduction to Business Law - Essay Example

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Meaning of 8 words sentence: "IF IT AIN'T BROKE, DON'T FIX IT" it means "Any attempt to improve on a system that already works is pointless and may even be detrimental." Government official Bert Lance (1931).
The statement signifies two aspects, (a) the role of Judges in commercial development of society/ nation and (b) whether reform in the existing system is required when the existing system is working properly.
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The Introduction to Business Law
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Download file to see previous pages This law is called the judge made law. In case of statute law made by the parliament judges interpret in accordance and in connotation with the facts and issues. The quality decisions come from quality of judges and the success of any trade or business if not entirely at least partly depends up on the quality decisions of the judges. Therefore the first part of the statement 'The commercial success of the City of London is, in part, dependent on the quality of the judges in the Commercial Court' is rightly said.
It is not in dispute that the judges working all the areas of work in England and Wales are of the highest calibre. They have created a strong and independent judiciary which command respect nationally and internationally. However, an independent Judicial Appointments Commission will take responsibility for the selection of judges in England and Wales cannot be seen as an attempt by Governement to meddle with the justice delivering system.
As of now all the judicial appointments are entirely in the hands of the Government. To have a transparent, independant judicial system it is imperative that the system must be independent from governement. If the appointments of the judges are in the hands of governement, it is quite not possible to believe that the judiciary is independent of governement.
The existing Commission has not received any criticism and it proved it is efficient and successful. But the commission is assigned with limited functions such as (a) conducting an ongoing audit of judcial appointments, with a right to access every document, access to interviews and shifts and opinion in relation to every appointment. (b) to recommond the Lord Chancellar to improve the process of appointment (c) to consider complaints relating to application appointment procedures in individual cases (d) to receive coments from organisation and individuals on appointment process. With these limited assignments it could achieve limited results. Under the existing system the responsibility of appointing the judiciary is solly resting on Lord Chancellor, and Governement Minister. Commission has not much involvement in appointment procedure except as an observator. This system could not win the confidence of the public.
Apart from this, as judicial appointments are made from a pool of qualified and meritorious candidates, this small group of intellectuals is dominent by white, male and a specific narrow social background. Without distrubing the standards for appointment of a judge, it is necessary to open up the system to have people of calibre from myriad social as well as legal backgrounds so as to represent the society as a whole. The commission has to see that the appointment procedures attract more women, more minority members, and lawyers from a wider range of practice. Such a system affords opportunities to all qualified candidates with the appropriate professional skills and expertise. This will instill ...Download file to see next pagesRead More
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