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Its norms have evolved over a long course of history and are rooted in traditions and conventions. British legal system is no exception to its social norms. There is not even a written constitution in Britain. A layman can…
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Download file to see previous pages... Such a long experience of many generations has given this system the depth no legal systems in the world can match. The process of going through ages of human civilization has evolved this system in such a way that it not only meets the legal standards of practicability but also the human side of it. British legal system is consistent with the thinking of its citizens. Traditions and conventions are at the heart of it making the law and the folk wisdom compatible with each other.
This traditional approach has given rise to certain inherent principles of British legal system e.g. the doctrine of rule of law, independence of judiciary and habeas corpus. These principles –just like the legal system itself- have evolved over a period of centuries and form the basis of British system of Justice. The fact that most of the modern day world has also benefited from the British common law principles, make these traditional laws a sound base for many universally accepted rules now. In the below discussion we will look at some of these principles in detail. We will highlight their evolution, their importance in the development of legal system and their implications in the modern age. We will also see how the tradition side of these rules still reflects itself in the developed laws.
Habeas Corpus is a Latin word which means ‘you shall have the body’. In legal sense it represents a method through which any person can claim relief against unlawful attest or detention from any other person or even the legal system itself. In other words, it is a system through which the court can order to bring a detained person so that it may be ascertained whether he was detained lawfully or not. The petition of Habeas Corpus can be brought by the person himself or if he is unable to seek such remedy because of being in detention, then by any other person.
Habeas Corpus is originally an English concept which originated in the early ...Download file to see next pagesRead More
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