Ross Maguire: The delicate balance between social justice and applying law of land
GIVEN our current economic travails it is hardly surprising that the courts have been called upon to adjudicate in cases involving borrowers and lenders.
This now forms a major part of the work of the courts and these judgments affect the lives of hundreds of thousands of our citizens. As the courts begin to sit again in the upcoming law term, the first thing to note is that the judiciary – almost by definition – is a very conservative institution. The judges claim that they do not make the law but only apply it.
So if somebody has driven a car without insurance, the role of the judge is a simple one. The driver will be convicted of the offence and the judge will impose the penalty.