The role of the judge

• Author: Tom Finlay
• Position: Former Chief Justice of the Supreme Court
• Pages: 1-14

2005] The Role of the Judge 1

VIEWPOINT

THE ROLE OF THE JUDGE

TOM FINLAY*

It is for me a very great pleasure indeed to be here and that

is so notwithstanding the fact that I am conscious that, in accepting

the kind invitation of Esmonde Smyth to speak hereabout the role

of the judge, I am breaking what I like to describe as a long held

principle of mine, and what most other people would describe as an

obsession of “bee in my bonnet;” namely that free advice is by far

the most over produced commodity in Ireland at present and should

have been put into intervention long before beef or butter.

However,the combination of the blandishments of Esmonde

Smyth and the pleasure which I anticipated of meeting so many

colleagues previously known to me in either of the legal profession

or in the judiciaryovercame these so-called principles.

What is the role of the judge? I think this question leads to

aseries of what could accurately be described as blinding glimpses

of the obvious and maybe it is as well, in order to discipline our

discussion, that we should state them.

There appears to me to be three basic and fundamental

functions of a judge and they areas follows:

1. Todo justice between the parties in deciding the issues

brought beforethe court, be they civil or criminal.

2. To try and ensure that not only is justice done between

the parties, but that also to reasonable and unbiased

observers it appears to be done.

3. In deciding what is the just order to be made, to have

regard to both the immediate and long term

consequences of it on the parties. In the context of

criminal cases, I include as a party the public. To have

regardin the limited instances in which it arises to any

*Former Chief Justice of the Supreme Court.