Prerogative
and administration of Justice
The
administration of justice is one of the prerogatives of the Crown, but it is a
prerogative that has long been exercisable only through duly appointed courts
and judges. The various courts and their jurisdictions are now almost entirely
on a statutory premise. The Sovereign is "the wellspring of equity"
and general conservative of the Peace.
Important
features
Some
of the more important features, all of which are possessed by the courts or the
tribunals are that;
Ø The tribunal is established by the State, as opposed, for
example, to an arbitral tribunal established by the parties.
Ø It usually decides a dispute between two parties.
Ø Its decision is on the basis of evidence given to it by the
parties.
Ø The hearing of a dispute takes place in public unless of
national security or public decency.
Ø Its choice is on the premise of law and lawful rights.
Ø Its decision is final, subject only to an appeal to higher
court.
Ø There is no uniformity, in the judicial establishment to United
Kingdom, as different series of courts exist.
Ø Distinct Court system to try civil and criminal cases, exist in
United Kingdom as the same courts hear both types of cases.
Ø The jurisdiction of English Courts has been confined to the
application of basic laws, they do not have, unlike American courts, the power
of Judicial Review.
Ø English judicial system was not uniform nor coherent in the
past, ordinary courts and tribunals all worked independent of each other.
The
Judicature
Since
the Judicature Act of 1873 the superior English courts have formed part of one
Supreme Court of Judicature which is divided into a business, is divided into three divisions but each judge of each
division possesses unlimited jurisdiction. Two judges of specific division may
sit together in a Divisional Court which has powers not possessed by a single
High Court Judge. The Divisional Court through its supervisory jurisdiction
plays a particularly important role in the field of constitutional and
administrative law.
The
Court Act 1971 which reformed the administration of criminal justice created
the Crown Court which also forms part of the Supreme Court. Country Courts were
created by statute in the midnineteenth
century to provide a cheaper and more expeditious trail of civil matter,
falling within certain limits, than could the superior courts of law sitting at
Westminster.
A
standout amongst the most amazing features of the English system of the
administration of justice is the large part played by laymen, either as lay
magistrates or as jurymen.
Civil
litigation
The
right of access to the courts is in itself an important constitutional right,
and for that reason, the courts have been unwilling, for example, to accept
that Parliament meant to authorize a Minister to remove the right of access by
delegated legislation. Anyone may commence a civil actions, subject to the risk
of losing money if he is unsuccessful.
County
Courts
Country
Courts hear all civil suits involving an amount of less than two hundred
pounds. In addition, all controversies between the landowners and tenants or
relating to rent can be settled in country courts irrespective of the amount
involved.
High
Court of Justice
The
seat of this court is in London and it ahs original jurisdiction over all
complicated civil suits. High court of Justice has three distinct divisions
Ø Royal Bench Division
Ø Chancery Division and
Ø Probate, Divorce and Maritime Division. Every division has
specific jurisdiction and hears appeals against the decisions of the respective
Country Court.
Court
of Appeal
Court
of Appeal and High Court of Justice, both are in fact, two parts of the same
court viz., both jointly constitute Supreme Court of Judicature. Hence court of
Appeal is, in fact, the second component of Supreme Court of Judicature.
Criminal
proceedings
In
general, anyone may commence criminal proceedings subject to the risk of paying
the costs of an unsuccessful action and, in some cases, of being sued for pernicious
arraignment. Certain statutes, on the other hand, oblige the assent of the
Attorney-General.
Conduct
of proceedings
The
conduct of proceedings is the responsibility of members of the service
designated Crown Prosecutors. Since 1999 the CPC is divided into 42 prosecution
areas each headed by a Chief Crown Prosecutor, within each area there are one
or more local branches headed by a branch Crown Prosecutor who is responsible
for a team of lawyers and case of workers.
Criminal
Courts
Criminal
procedure involves such stages as making of allegations, production of
evidence, reference of laws and announcement of punishment after the guilt has
been proved.
Justice
of Peace and Stipendiary Magistrates
This
category of courts stands at the bottom of judicial hierarchy. Justice of Peace
are appointed for every county and Borough by the Lord Chancellor on the
recommendations of Lord Lieutenant in case of country and Advisory Committees
in respect of Borough.
The
Court for Juvenile Offenders
Judges
for the courts attempting all cases including Juvenile offenders, are selected
from a panel constituted by County and Borough.
Crown
Courts
Under
Judicature Act of 1971, Crown Courts were established that replaced Circuit
courts and Courts of Quarter session.
The
Court of Criminal Appeal
The
court of criminal Appeal has appellate jurisdiction against the decision of
crown Courts.
House
of Lords
House
of Lords, in addition, to being a legislative Chamber, is also the last court
of appeal.
Judicial
Committee of the Privy Council
This
committee consists of Lord Chancellor, all former Lord Chancellors, Law-Lords,
Lord President of the Council and certain other members. This committee has, in
fact, advisory Jurisdiction. Its, opinion carries weight and “Orders in
Council” are passed in the light of these recommendations.
Special
Courts
There
exist a number of civil courts for deciding specific cases. These are explained
below;
Coroner’s
Courts
Coroner’s
Courts deal with all cases relating to customary laws arising out of unnatural
death or death caused by provocation.
Ecclesiastical
Court
These
courts are part of Royal Courts and have specific and exclusive jurisdiction.
Military
Courts
A
distinct series of Military courts have been established to decide all cases of
the Military personals involving breach of disciplinary rules.
Photo
credit: www.presstv.ir
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