When judgments are long and difficult to understand, the public may lose confidence in the judiciary. This is because the public may perceive the judiciary is not transparent or accountable.
Introduction
The length of a judgment is a topic that has been debated for many years. Some argue that lengthy judgments are necessary to ensure that all relevant issues have been considered and that the reasoning of the Court is clear and concise. Others argue that lengthy judgments are unnecessary and can be difficult to read and understand, especially for those who are not lawyers.
Arguments in Favor of Lengthy Judgments
- To ensure that all relevant issues have been considered. In complex cases, there may be many different legal arguments that need to be considered. A lengthy judgment can help to ensure that all of these arguments have been fully considered by the Court.
- To provide a clear and concise explanation of the Court’s reasoning. A lengthy judgment can help the Court to provide a detailed explanation of its reasoning, which can be helpful to the parties, the legal profession, and the public.
- To justify the Court’s decision. In high-profile cases or cases involving novel legal issues, the Court may feel the need to provide a detailed explanation of its decision in order to justify its decision to the parties and to the public.
Arguments Against Lengthy Judgments
- Lengthy judgments can be difficult to read and understand. This can be especially challenging for those who are not lawyers. As a result, lengthy judgments can make it difficult for the parties to understand the Court’s decision and to exercise their rights.
- Lengthy judgments can be expensive to produce and to print. This can be a burden on the taxpayer and on the parties to the case.
- Lengthy judgments can delay the delivery of justice. When judgments are long, it can take longer for the parties to receive their decision and to begin the process of enforcement. This can be particularly frustrating for parties who have been waiting for a long time for their case to be resolved.
How to reduce the length of judgments
- Focus on the essential issues in the case. Judges should avoid discussing irrelevant matters in their judgments.
- Use clear and concise language. Judges should avoid using jargon and complex sentences.
- Use headings and subheadings to organize the judgment. This will make the judgment easier to read and understand.
|
Recommendation Judges should strive to write judgments that are clear, concise, and easy to understand. This will help to ensure that justice is delivered efficiently and that the public has confidence in the judiciary. Example In the case of R. v. Oakes, the Supreme Court of Canada wrote a lengthy judgment to explain its decision to uphold the constitutionality of the Criminal Code provision prohibiting polygamy. The Court’s judgment was over 200 pages long and discussed a wide range of legal issues, including the nature of religious freedom and the limits of state power. While the Court’s judgment was lengthy, it was also clear, concise, and well-written. The Court’s judgment was helpful to the parties, the legal profession, and the public in understanding the Court’s reasoning and the legal principles that were applied in the case. Conclusion The length of a judgment is an important consideration for judges. Judges should strive to write judgments that are clear, concise, and easy to understand while also ensuring that all relevant issues have been considered and that the Court’s reasoning is clear. |
Conclusion
There is no one-size-fits-all answer to the question of how long a judgment should be. The length of a judgment will depend on the specific facts and circumstances of the case. However, judges should strive to write judgments that are clear, concise, and easy to understand. This will help to ensure that justice is delivered efficiently and that the public has confidence in the judiciary.
- Judgments are not written for the benefit of the judge. Judgments are written for the benefit of the parties to the case, the legal profession, and the public. Therefore, judges should keep their audience in mind when writing judgments.
- Lengthy judgments can discourage appeals. When judgments are long and complex, parties are less likely to appeal the decision. This is because appeals can be expensive and time-consuming. Additionally, parties may be discouraged from appealing if they do not understand the Court’s reasoning.
- Lengthy judgments can undermine public confidence in the judiciary. When judgments are long and difficult to understand, the public may lose confidence in the judiciary. This is because the public may perceive that the judiciary is not accessible or transparent.
LIBRA is available on both iOS and Android devices. It is also available as a web app.
Here are some of the benefits of using LIBRA:
- Improved efficiency: LIBRA can help lawyers and advocates to save time and be more efficient by automating many of the tasks involved in case management, such as tracking deadlines, generating invoices, and managing client relationships.
- Reduced risk: LIBRA can help lawyers and advocates to reduce the risk of errors and omissions by providing them with a centralized system for tracking all of their cases and clients.
- Improved client satisfaction: LIBRA can help lawyers and advocates to improve client satisfaction by providing them with a way to communicate with their clients more effectively and to keep them updated on the status of their cases.
Overall, LIBRA is a comprehensive case management app that can help lawyers and advocates to digitize their practice and improve their efficiency, reduce risk, and improve client satisfaction
Also, Read:
