Judges are judges only . They must resist the temptation to rule or govern. Judges are known for their integrity and have the duty to adjudicate but they are neither the wisest nor the most knowledgeable.
They must decide only after the best possible expert advice is made available.wherever scientific questions or technological differences arise, they must be decided in those terms and judges must concede that they are not experts of all the fields and cannot decide these questions without the assistance of the core competence advices.
To decide complex engineering designs-their technical aspects by a judge body not exclusively trained for this type of judging may be disastrous.
Judges must resist temptation to become arbitrary. They must not thrust their incomplete scientific knowledge on the society.
Experts are not born in court rooms.
If you do not have equally weighty expert knowledge to dislodge an expert opinion, it is always better to go with the exert then to substitute it with your own notional knowledge . Notional knowledge, howsoever bonafide and fair appearing, cannot take the place of tested, verified and proved knowledge. Institutional knowledge should always be preferred to individual knowledge. Courts must not accord legitimacy to individual knowledge only on the basis of court examination. Courts are not universities nor academies. Courts as an institution must respect the institutional supremacy of all other institutions and must not take the responsibility to instruct, govern, direct all the institutions at a time or some of the institutions for some time or one of the institution for all the time to come.
Courts must trust other institutions and must decide only issues and must not become secretariat or directorate or reporting call or monitoring cell for any or many questions or projects or circumstances.
Court are to decide not monitor. Courts adjudicate not administer the general administration. Courts must not become the executive limb of state and courts must not allow the executive to transfer their own hazards and load- operational or policy driven on other organs of state. Let the executive or the legislature do their part and let them be judged by the " We The People" in a democracy.
They must decide only after the best possible expert advice is made available.wherever scientific questions or technological differences arise, they must be decided in those terms and judges must concede that they are not experts of all the fields and cannot decide these questions without the assistance of the core competence advices.
To decide complex engineering designs-their technical aspects by a judge body not exclusively trained for this type of judging may be disastrous.
Judges must resist temptation to become arbitrary. They must not thrust their incomplete scientific knowledge on the society.
Experts are not born in court rooms.
If you do not have equally weighty expert knowledge to dislodge an expert opinion, it is always better to go with the exert then to substitute it with your own notional knowledge . Notional knowledge, howsoever bonafide and fair appearing, cannot take the place of tested, verified and proved knowledge. Institutional knowledge should always be preferred to individual knowledge. Courts must not accord legitimacy to individual knowledge only on the basis of court examination. Courts are not universities nor academies. Courts as an institution must respect the institutional supremacy of all other institutions and must not take the responsibility to instruct, govern, direct all the institutions at a time or some of the institutions for some time or one of the institution for all the time to come.
Courts must trust other institutions and must decide only issues and must not become secretariat or directorate or reporting call or monitoring cell for any or many questions or projects or circumstances.
Court are to decide not monitor. Courts adjudicate not administer the general administration. Courts must not become the executive limb of state and courts must not allow the executive to transfer their own hazards and load- operational or policy driven on other organs of state. Let the executive or the legislature do their part and let them be judged by the " We The People" in a democracy.
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