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The System of Courts - Essay Example

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The System of Courts Introduction Every court is said to be the final arbiter between a citizen and a state and thus becomes a very fundamental aspect of the legal system of a state as well as the constitution that runs the state. The main aim to establish the Supreme Court was to place a demarcation between the senior judges of the House of Lords or Upper House of Parliament of United Kingdom so that the level of transparency between the Parliament and the Courts could be increased in order to emphasize the independence of the law in the state…
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Download file to see previous pages However, there are several controversies about the Supreme Court, ranging from the lack of teeth to the exorbitant costs involved in setting up this institution. In the next few pages, I would like to discuss why ‘The creation of a Supreme Court was an unnecessary and overly-expensive reform. The Appellate Committee of the House of Lords was independent, effective and was regarded as one of the finest courts in the world.’ Background The House of Lords took pride in understanding its judicial role over 600 years ago and its main inspiration and influence was the ‘Curia Regis’ or the work of the royal court. This piece of work helped in advising the sovereign as well as passing laws at the highest level within the state. Till the year 1399, it was the function of both Houses of Parliament to listen to petitions however, the end of this year marked the House of Commons to have no more involvement in such cases, thus leaving the House of Lords as the highest court of appeal. ...
the judicial business of the House and their powers and functions included voting on legislation as full members of the House of Lords however they rarely exercised these rights. The chamber of the House of Lords was the meeting place for listening to appeals however sadly after the bombing of the Second World War, the Law Lords decided to form a personal Appellate Committee of their own because the building repairs and noises were distracting them from carrying out their work ordeals. And thus this new committee room of theirs grew from a temporary arrangement to a permanent one forming a separate Appellate Committee to overlook certain cases and problems. All the Law Lords became the first Justices when the Supreme Court commenced in October 2009. According to the Ministry of Justice, the Supreme Court was to provide greater clarity in the constitutional arrangements of the country by implementing a further separation of the judiciary from the legislature. It was stated that the Supreme Court was to assume the jurisdiction of the Appellate Committee of the House of Lords as well as the devolution jurisdiction of the Privy Council. Independent Law Lords were to be appointed in order to preside over the court which would be situated in Middlesex Guildhall on London's Parliament Square - opposite the Houses of Parliament and alongside Westminster Abbey and the Treasury. The Guildhall will thus begin to function from October 2009 onwards for the purpose of serving as an apex body of justice.1 As per the UK Department for Constitutional Affairs, the jurisdiction of the Supreme Court was clarified as an aspect that would take over the judicial functions of both the House of Lords as well as the Privy Council to an extent. All matters under English law, Welsh law and ...Download file to see next pagesRead More
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