Magistrature

Magistrate

Sir Lyman Poore Duff, a former judge of the Supreme Court of Canada
Occupation
Names	Judge, Justice of the Peace, magistrate
Occupation type	Profession
Activity sectors	Law
Description
Competencies	Analytical mind, critical thinking, impartiality, common sense
Education required	Usually experience as an advocate (varies by jurisdiction)
Related jobs	Barrister, solicitor, prosecutor

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.

In ancient Rome, the word magistratus referred to one of the highest offices of state. Analogous offices in the local authorities, such as municipium, were subordinate only to the legislature of which they generally were members. ex officio, often a combination of judicial and executive power, constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum -'career of honors'. They held both judicial and executive power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium, or magisterial law. The Consul was the highest Roman magistrate. The Praetor (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law between individual citizens, while the Curule Aediles, who supervised public works in the city, exercised a limited civil jurisdiction in relation to the market. Roman magistrates were not lawyers, but were advised by jurists who were experts in the law.