Passive justice refers to a system where the judge's role is limited, primarily determined by the actions and decisions of the disputing parties. The judge cannot independently initiate or expand the scope of a dispute.
In essence, passive justice operates under the following principles:
- Party-Driven Initiation: A case only begins when the disputing parties file it. The judge doesn't proactively seek out disputes.
- Party-Defined Scope: The extent of the dispute, including the issues to be resolved and the compensation sought, is determined solely by the parties involved.
- Party-Controlled Termination: The parties decide when the case is terminated, including whether to settle or accept the court's decision.
- Judge as Impartial Arbiter: The judge acts as a neutral referee, ensuring fair procedures are followed and applying the relevant laws to the evidence presented by the parties. They cannot introduce new evidence or arguments independently.
Therefore, the judge's power is constrained by the parties' actions, illustrating the 'passive' nature of this form of justice.
