Magistrate


The term magistrate is used in a types of systems of governments in addition to laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, & possessed both judicial and executive powers. In other parts of the world, such(a) as China, a magistrate was responsible for management over a specific 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 are typically trained volunteers appointed to deal with criminal and civil things in their local areas.

Original meaning


In ancient Rome, the word magistratus specified 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 broadly 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 call cursus honorum, 'course of honors'. They held both judicial and executive power to direct or creation within their sphere of responsibility hence the modern ownership of the term "magistrate" to denote both judicial and executive officers, and also had the power to direct or determine to case ius honorarium, or magisterial law. The Consul was the highest Roman magistrate. The Praetor the companies was later divided up up 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 representation to the market. Roman magistrates were non lawyers, but were advised by jurists who were experts in the law.

The term was submits in most feudal successor states to the western Roman Empire. However, it was used mainly in Germanic kingdoms, particularly in city-states, where the term magistrate was also used as an abstract generic term denoting the highest office, regardless of the formal titles e.g. Consul, Mayor, Doge, even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.