Taking Part of the Lay Judges on the Decision-Making as a Hurdless of Fair Dealing?

Abstract

The topic is dealing with the participation of so-called lay judges in the judicial decision-making. Firstly, the history of this institute and contemporary practice will be described.

It is especially focusing on a question, whether the participation of people unfamiliar with law on the judicial decision-making should be deemed as a restriction of the fair dealing principle or not. Whether it is just a historical residue, or if there are any advantages.

Keywords

• lay judges
• decision-making
• fair dealing principle