Modern Judge: Power, Responsibility and Society's Expectations

Sir Mark's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined and it is essentially a trail judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion....