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THE RELATIONSHIP OF THE JUDGE TO THE LEGAL PROFESSION AND BUREAUCRACY IN THE COMMON LAW SYSTEMS AND THE CIVIL LAW SYSTEMS

Alfitri*

In terms of the process of becoming a judge, a considerable distinction exists between the common law systems and the civil law systems. It is such a long process to qualify as a judge in the common law that the invitation to the Bench or appointment is ‘rarely granted before the age of 40’.[1] Before this, one must have a successful career in the legal profession: as a barrister or a solicitor, if he/she can become a judge.[2] Hence, being a judge in the common law systems is not a matter of choice per se. Rather, it is also about one’s capability in the legal field. Conversely, judgeship in civil law countries is subject to career preference. Law graduates can apply via Department of Justice recruitment if they prefer to become a judge in their professional careers and serve as a government employee instead of working for a law firm as a lawyer. [3]