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Genaral relations of the judicial, executive and legislative body in British - Essay Example

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Law Professor Topic: Critique Chapter 18 of this book discussed about the general relations of the judicial, executive and legislative body by examining the interrelations of judicial system and its machineries while asserting the primordial interest of protecting decisions that favor justice and not of the government…
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Genaral relations of the judicial, executive and legislative body in British
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Download file to see previous pages This is an exploration about judicial system and its machineries as well as an attempt to recognize and critic some gaps in this literature. British Judicial system The chapter pointed that UK has three court systems. These are in England and Wales; in Scotland and in Northern Ireland. These are independent institutions but the judges and its practitioners are appointed to the Court of Justice, Court of First Instance of the European Communities and to the European Court of Human Rights.2. Author emphasized that UK’s judicial system is not solely focused on civil and criminal adjudications since the parliament made some tribunals as special courts e.g. for election, labor cases, and patent courts. The structure and hierarchy of the court system in England and Wales was also detailed, being the High Court that also decides for cases requiring judicial review and question of laws, although following Constitutional Reform Act 2005, the court is now named as the Senior Courts of England and Wales.3 The broad civil jurisdiction is under the jurisdiction of the country courts and of magistrates’ courts under Legal Services Act 1990.4 The criminal jurisdiction is likewise at the Court of First Instance where the magistrates does a summary trial while those in jury trial by the Crown Court following Courts Acts 1971 (p. 386). Appeals are done to Queen’s Bench Divisional Court of the High Court, to the Court if the High Court, or to the Court of Appeal of the Criminal Division.5 In Scotland, the civil cases are held by the Court of Session, with hierarchy of body to hear cases subject for appeal. Meanwhile, the High Court of Justiciary has jurisdiction on the criminal cases, either for trial or for appeal. The district courts are also mandated of summary criminal jurisdiction. House of Lords has jurisdiction over civil cases while devolution cases, and criminal matters, are heard in the Privy Council. In Northern Ireland, the Court of Judicature of Northern Ireland has jurisdiction of all cases.6 The author affirmed that following rules and administrative polices, judiciary maintained its independence from UK’s legislative body, albeit some judicial matters are subject to policies formulated by the legislative body.7 Numerous laws have evolved the procedural processes within the House of the Lords through historic legislation of policies deemed significant in systematizing the procedural aspect of adjudicating cases. The House of the Lords however remained bereft of authority or jurisdiction over Scottish criminal cases.8 One is certain though that the House of the Lords has influential power in the legislation of policies through the “system of precedent” until its amended to free the system from the rigidity to avoid injustice and may hinder policy change.9 In 2010, UK developed its Supreme Court that would hear cases on appeals from the House of the Lords and the devolution of Privy Council’s jurisdiction. The SC mirrors the function of other organized civilization and maintains independence from the two other branches of the government whose luminaries are appointed in accordance to Constitutional Reform Act 2005 although the qualifications remained based on the Appellate ...Download file to see next pagesRead More
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