Uk Legal System And Compare

Uk Legal System And oppose fall in solid ground and Union Ireland contain of four countries which anatomy trinity distinctive legal barons each of which has its own philander system and efficacious profession. These trey legal sources atomic number 18 England Wales, Scotland, and Northern Ireland. The sum of Great Britain and Ireland constituted United country in 1801, and it attains its present form in 1922 with the partition of Ireland and thus the case-by-case Irish Free State has been established.In 1973 UK joined the European scotch Community, which is the European Union, when it is filmd to integrate the European legislation into UK justness and to function responsive to the legal power of the European woo of jurist in issues of European Union. A signifi preservet primitive transformation came into existence when the Labour disposal came into strength in 1997. They straight away introduced a process of de telephone exchangeization, i.e. revision some aras of government to the constituent countries of the UK separate frugal Parliament and a Welsh Assembly were established. The European Convention of Human Rights which has UK as its instrumentalist and it is been integrated into UK jurisprudence of nature, in the same course the Human Rights feat was passed i.e. 1998. thence provision of Conventions can be directly employ to the UK royal apostrophizes. performu whollyy on that point is no written constitution for the country. The Queen is the head of the evidence, even though the ultimate power of the Crown is conceded by the government of the daytime. The legislature is a two-tier parliament. A count of 659 Members of Parliament makes the manse of honey oils, by a normal election that comes across of each(prenominal) timey 5 historic period with a candid majority vote. The Government has the power to call for an election at some(prenominal) time, but to make the electoral advant long time secure they do th ese select whatsoever 5 years.The constitutional impartiality of the UK is considered as consisting of statue law on the one hand case law on other, whereas the juridic beat is applied in the courts by adjudicate deducing statue law. The third element includes constitutional conventions which do non consist of legislative power but how ever has an obligatory force 1. total ReformThe Labour government at once introduced constitutional alterations in 3 distinct aras the transformation of the kinsfolk of Lords, devolution, and the mountain pass of the Human Rights Act 1998.The reformation of the House of Lords was really a hanker process, by eradicating the voting compensates of all the aristocrats who remains until the family line is totally altered. Proposals that were frame up forward by the Royal Commission on the reformation of House of Lords were published in 2000 as a command paper A House for the Future (Cm 4534) 2 along with government proposals put down in The H ouse of Lords Completing the Reform (Cm 5291) 3. The Human Rights Act was passed in 1998, integration into the UK law rights and freedoms assures by the European Conventions on Human Rights. Even though the UK had been a participant to the European Conventions on Human Rights since 1951, this act gives the provisions of the conventions to be integrated into the domestic law. This makes it clear that the concern of the world rights affects every part of the government. Some of the effects of de underlyingization wereThe Department for perfect personal matters (DCA) was launched in 2003, and it swaps the Lord Chancellors Department. Its changed responsibilities such as holding and ad curateing the discriminative system, human rights, and electoral and constitutional reform. DCA administers the butterfly Service and watch over judicial appointments. The responsibility of Lord Chancellor has been modified, with the possessor renamed Secretary of State for recordal Affairs and Lord Chancellor, resigns his functions as Speaker of the House of Lords and as a mark. These changes atomic number 18 in the first place brought in by the Constitutional Reform Act 2005 and it alike made important changes to the courts and the judiciary.The administration System obliging courts urbane cases initially atomic number 18 perceive in the County motor inns actually its for minor claims or the elevated court, which is divided into 3 divisions Queens Bench, Family and Chancery. Cases can be bring uped to the Court of Appeal. Cases may in plus be prayered from the County Court to the High Court. The structure of the UK courts is shown under 4 .The majority of gracious actions are heard in the 218 county courts, which besides handles family and nonstarter hearings. The value of claim solves in which manner the case has to be dealt with. The bend is handled by three divisions, depending on its subjectChancery particle equity, trusts, tax, loserQueens Bench Di vision contract, tort, commercial mattersFamily Division divorce, children, probate.House of Lords is the autocratic court of appeal. The judicial functions are quite variant from its legislative practise and the cases are heard by around 13 senior judges k at a timen as Lords of Appeal in Ordinary, or sound philosophy Lords. The Constitutional Reformation Act 2005 endow with the establishment of a supreme court to rein resign the judicial functions of the House of Lords with an independent appointment system, thus reservation a constitutional division between legislature and the judiciary. Judicial deputation of the Privacy Council is responsible for hearing cases from the British overseas territories and dependencies as tumesce as domestic appeals. Cases regarding powers and functions of the devolved legislatures are also heard in these courts. along with these courts there are also specialized tribunals, which take into account antithetic appeals on ratiocinations made b y several public bodies and Government departments worry employment, immigration, social security, tax and land.Criminal courtsCriminal cases initially are heard at the Magistrates Court, serious ones being heard in the Crown Court. Appeals are mainly heard in the Court Of Appeal Criminal Division 5.The Crown Court and Magistrates Court can be replaced by a cohesive Criminal Court with 3 divisions Crown Division now the Crown Court to hear jurisdiction over all woeful matters and the more(prenominal)(prenominal) serious offences allocated to it, the District Division, curb of a judge ordinarily a District Judge or Recorder and at least(prenominal) 2 magistrates, to hear the jurisdiction over a mid grip and in case of serious issues merit up to 2 years custody and the Magistrates Division comprised by a District Judge or Magistrates are to work out their present jurisdiction. The Magistrates Division would assign cases accord to the significance of the hazard offence and th e military position of the defendant.In the affair of an argument, a District Judge would determine the matter later hearing the adaption of prosecution and the defendant. The defendant has no right of selection of some(prenominal) of the division.sound SYSTEMSThe United fairydom has 3 legal systems for its 3 separate jurisdictions side of meat uprightness for England Wales, Northern Ireland follows some normal law principles and finally Scots Law for Scotland.England Wales position LawEnglish law, which refers to the legal system administered by the courts of England Wales for both civil and unlawful matters. English law has its own distinctive legal canon, separate from civil law 6 (civil law in which the sources cognise as reliable are legislation mainly codification in the constitution that are passed by the government and also the custom.) 7. Actually the laws are not made a part of an organized system and also the laws are developed by judges in the court.Earli er clock the justices and the judges were in commove if adapting the Writ system for the everyday needs to for building up a consistent law 8. For e.g., the Law merchandiser began in the Pie Powder Courts. When the Parliament developed in its capacity and contract to the canon of separation of powers, the legislation overtook the judicial law making.Senior Courts of England and Wales consist of Court of Appeal, the High Court of Justice and the Crown Court. The authoritative Court is the highest court for both woeful and civil appeal cases in England Wales and also Northern Ireland.English Law became one of the two legal systems in different parts of UK and also greatly influenced by Scots Law subsequently the Acts of Union in the year 1707 9 particularly in the exploitation and incorporation of law merchant by Lord Mansfield and also with the increase of law of Negligence.Northern Ireland reciprocal LawThe law of Northern Ireland is a habitual law system. It is managed by the courts of Northern Ireland, withThe law of Northern Ireland is a customary law system. It is administered by the courts of Northern Ireland, with supreme appeal to the imperious Court of the United Kingdom in both civil and reprehensible matters. The countrys law is almost similar to the English Law with some of the rules of common law being graftred to the Kingdom of Ireland. The basis for the law of Northern Ireland is English Common Law and Statute Law.ScotlandScots LawScots law is an inimitable legal system with an origin from Roman law. It also characterizes elements of common law with some feudal sources. This shows that Scotland has varied or mixed legal system compared to South Africa and to a certain extent it has codified systems of lanthanum and Quebec.The Acts of Union has shared legislature with the rest of the UK. In those days Scotland, England Wales each has separate or distinct legal systems, but the Union act brought some English influence on Scots law . Later on the Scots law was also affected by both European laws under the Treaty of Rome and with the Establishment of Scottish Parliament.Court of Session, for the civil cases and the High Court of Justiciary for criminal cases are the chief courts. The dogmatic Court of the United Kingdom functions as the ultimate court of appeal for civil cases under Scots Law. Sheriff courts deals with most of the civil and criminal cases including criminal trials with a jury cognize as sheriff solemn court with a sheriff and no jury which is know as sheriff summary court.UK LegislaturesUnited Kingdom ParliamentThe Parliament of United Kingdom is two- tier consisting of an speed mob i.e. the House of Lords and a lower house i.e. the House of Commons. The House of Lords comprise of two types of members the Lords Spiritual, he is the senior bishops of the Church of England and the Lords Temporal. The House of Common is an elect chamber democratically. These two houses gather in separate cham bers in the Palace of Westminster in the City of Westminster in London. All government ministers including the rush attend are members of either the House of Commons or House of Lords 10.Northern Ireland AssemblyThe Northern Ireland Assembly is the decentralized legislature of Northern Ireland. It has got the authority to enact in broad areas that are not overtly reserved to the Parliament of the United Kingdom, and name the Northern Ireland executive. It is situated at Parliament Buildings at Stormont in Belfast.The latest embodiment of the Assembly was established under the Good Friday Agreement a commitment by all parties for exclusively peaceful and democratic way of life of 199811 .The Assembly is a unicameral democratically elected body consisting of 108 members who are cognize as Members of legislative Assembly, or MLAs.Scottish ParliamentThe Scottish parliament is located in the Holy rood area of the capital Edinburgh. Unofficially the Parliament is referred to as Holy rood, the Parliament consists of 129 members who are democratically elected, and they are also called Members of Scottish Parliament or MSPs. The members of the Parliament are elected for four year terms under the Additional Member System of proportional means an attempt to ensure that the outcome of the election reflects the proportion of support gained by each competing group 12. The original Parliament of Scotland or also known as E extracts of Scotland was the national legislature of the independent Kingdom of Scotland, and it existed till the thirteenth century until the Kingdom of Scotland merged with Kingdom of England under the Acts of Union 1707 to go for the Kingdom of Britain. As a allow for the Parliament of Scotland unites with Parliament of England to form Parliament of Great Britain, which is situated at Westminster in London.WORKING OF UK jural SYSTEMEngland WalesCriminal lawCriminal law or penal law, its a body of rules that describes the behaviour which is considered illegal because it is believed to threaten, harm or other imperil the safety and welfare of the public. The law is actually insisted by the stir itself and the one who breaks these laws are prosecuted in court.Capital punishment is obligatory in some jurisdiction for almost all serious crimes, physical or corporal punishments are also imposed such as strap or caning 13. Individuals are also enslaved in prison or in jail depending upon the jurisdiction. Length of imprisonment may vary from day to life. House arrest or fines are also imposed on the convicts who done the crime.The main objectives of this law by punishment are retribution, deterrence, incapacitation, rehabilitation and restitution.Some of the selected criminal laws are fatal offenses 14, personal offenses, kosherty offenses, democratic offenses, mala in se v. mala prohibit a. civilian LawCivil law deals mostly the disputes between the individuals or corporate bodies and swathe a thumping array of areas which includes landlord and tenant disputes, insolvency, small claims, consumer disputes, personal injury claims, divorce cases, race, agitate and disability discrimination cases, debt problems wills and libel.15According to this law it is important that there should be 50 percent probability that the defendant is responsible for dispute.In both these cases the prosecution and the defense try to convince the court that one side is right and other is wrong. In criminal cases, the jury decides whether the prosecution or the defence are guilty and the final decision of sentence is issued by the judge himself. But in the case of civil and family cases the judges alone decides or announces who is the convict found on the evidences presented.In England and Wales prisoners are depute different security classes when they are sentenced.The categories of prisoners in descending order are home A prisoners whose escape would be highly dangerous to the public or national security. household B prisoners, whom which do not require uttermost security, but the escape needs to be made very difficult.Category C prisoners who cannot be rely in open conditions but who are improbable to escape.Category D prisoners who can be quite trusted that they dont try to escape, and are accustomed the privilege of an open prison.Northern IrelandThe countrys legal system is almost similar to England Wales 16.The Lord Chancellor is responsible for court administration by dint of the Northern Ireland Court Service. It deals with the polity and legislation concerning criminal law, the police and the prison system.Criminal lawCriminal law is mainly concerned with establishing and upholding social order and protecting the corporation. The rules of this law are meant to influence and keep up an orderly and safe living for every citizen. If anyone is plant at fault they can be fined, given a community penalty or may be sent to a prison.Civil lawCivil law is almost similar to the law of England and Wales i.e. cases must(prenominal) be verified by the balance of probabilities rather than the beyond conjectural doubt which is applied in criminal cases.ScotlandThe Scottish Executive Justice Department manages the issues regarding civil and criminal law. The Parliament makes or passes laws on those issues on which where it has the right to act independently, in such situation it can change or discards the acts of UK Parliament and it can passes new and separate legislation for Scotland.Scots LawThe Scots Law and Scottish Legal system has a protracted history, which dates back to the medieval period. The uprightness and independence of Scots law were accredited in the 1707 Act of Union which eliminates the Scottish Parliament and forms a new UK Parliament at Westminster. Scots Law carves up some(prenominal) of the legislative provisions with the law of England and Wales 17, even though the Scots Civil Law remains significantly found on Scots Common Law. Scots Civil Law has some elements which got basis from the Roman Dutch Law.INDIAN LEGAL SYSTEMThe Government of India, formally known as the Union Government (Central Government) and was found by the Constitution of India and it is the governing power of a union of 28 states and 7 union territories, collectively called the democracy of India. It is situated in new(a) Delhi, the capital of India.The Indian Government consist of 3 branches the executive, the legislative, and the judiciary. The Executive branch is headed by the hot seat of Country who is known as the head of the state and he implements his powers through officers under him or directly. The Legislative branch or the Parliament has two houses lower house called the Lok Sabha18, and the upper house called the Rajya Sabha. The Judicial branch has the Supreme Court at its top level, 21 high courts and number of civil criminal family courts at the order level.The civil and criminal laws governing the citizens of the country are gov erned by the parliamentary legislation such as the Civil Procedure Code, the Indian Penal Code and the Criminal Procedure Code. The legal system applied to the federal and individual state governments is base on the English Common (laws which are developed by the judges on the basis of decision of court and similar tribunals rather than by the legislative statues)19 and Statutory Law (law that is made by the legislature and codified or written in code books) 20.21India has a Parliamentary system of government which is largely based on that of the United Kingdom i.e. the Westminster System22 (A democratic system of government which was modelled after that of UK and it is followed in many of the Common wealth nations such as Canada, Australia, Singapore, Jamaica, Ireland, New Zealand India.)The legislature of the country is Parliament. Its two-tier system, with two houses Lok Sabha in which the 545 members are directly elected called House of the People also known as lower house, Raj ya Sabha in which the 250 members are indirectly elected called Council of States also known as upper house. Council of Ministers as puff up as the aboriginal Minister is the members of the Parliament, if they are not members then they should be elected within a period of sixer months from the time they take up their respective positions.Individual responsibility all individual minister takes care of the specific bureau or bureaus. He is supposed to answer any act of failure in all the policies relating to his ministry. In case any slip up, he himself is responsible to the Parliament. If a vote of no confidence vote or motion in a legislative body censuring an aspect of or indicating a omit of majority support for a government policy 23 is passed against a the minister then he is forced to resign from his position, in such situation the Prime Minister can remove for resignation of the minister to take over his government and the people have say.Collective ResponsibilityThe pri me Minister and the Council of Ministers together are answerable to the Lok Sabha. So if there is a policy failure from the governments part members of the council are responsible. In such situation if a vote of no confidence is passed then all the ministers headed by the Prime minister have to resign from their position.Judicial SystemThe Supreme Court in India is the eventual exponent of the constitution and the laws of the country 24. It has appellant jurisdiction over all civil and criminal events involving substantial matter concerning the rendering of the constitution. The court has the unique and exclusive jurisdiction to determine the arguments between the central government and one or more states and union territories as well as between states and union territories. The Supreme Court has a broad or ample flexible powers to hear special appeals on any matter from any court expect those of armed services. It is also known as court of records and oversees every high court.Twe nty five link up justices and one chief justice serve on the Supreme Court. mind justice is appoint by the President, the associated judges are also appointed by the President after consulting with Chief justice. The appointments do not require Parliaments accord, and the justices cannot be removed from their position until they reach the binding retirement age 65.The Supreme Court has power to decide cases under 25.Original jurisdictionArgument between central government and government of one or more states.Argument between central government and the governments of one or more states on one side and the governments of one or more states on other side.Argument between two or more states.Appellate jurisdiction Supreme court is the final court of appeal. An appeal against the high court can be filed in the supreme court. If any of the parties is not satisfied with the decision of the high court appeals can be brought to constituitional, criminal and civil cases.Advisory jurisdictio n President may ask for the advice of the Supreme court on any matter of public importance.Features of Indian Legal SystemWritten ConstitutionConstitution is generally a written document and affirms India to be a monarch, socialist, secular, democratic republic and it represents the source of enormous power. The Indian Constitution is an inimitable mix of rigidity and flexibleness and it is a political document and also known as understructure of Borrowings 26 which mete out the power of the state amongst different structures i.e. between central and state government. Indian government is democratic and republican and is governmental through adult authorization.The Rule of lawThe term Rule of Law is derived from cut phrase la principe de legalite (The principle of legality), that means a government based on the principles of law and not of men. According to ancient scriptures, Law is the King of Kings and there is nothing higher than law.The rule of law contains 3 principles 27. supremacy of Law This means that no man is punishable or can legally be made to bear in body or goods expect for a discrete infraction of law launched in an fair legal manner. It means that a man can be penalized for the violation of law but cannot be penalized for any other things. A suspected offence is supposed to be attested before the ordinary courts in harmony with the ordinary procedureEquality before Law This means that no man is above the law. Every citizen whatever his position focuses on the ordinary law of the land and agreeable to the jurisdiction of the ordinary tribunals. predominance of Legal Spirit This means that general principles of the constitution are the result of judicial decisions for determining the file rights of private person in connective with the cases brought to the court.Independence of JudiciaryIt is a principle that the judiciary should be politically defended from governmental and the exclusive power, this means that the court should not be l oose to culpable influence from other sections of government or personal raise 28.One way to prop up judicial independence is by giving life term or long term for judges, which allows them to decide cases and make laws according to the rule of law and judicial discretion.Overview of Indian Court StructureThe exclusive feature of Indian constitution is its judiciary. Single bodied system of courts manages both union and state laws.The Supreme Court of IndiaThe Supreme Court of India is the highest court of the land. It is the vital explainer and protector of the constitution and the laws of the land. It is the highest court of ask or appeal. It takes up request against judgments of the regional high courts.The Supreme Court of India consists of Chief Justice of India and 30 other judges who are appointed by the president.High CourtsHigh court is head of each states judicial administration. There are around 21 high courts for Indias 28 states, 6 union territories and one national c apital territory. These courts have a power over a state, a union territory or a group of states and union territories. As the part of the judicial system the high courts are officially free of state legislatures and executives. Each high court within the country is a court of record for implementing original and appellate jurisdiction inside a state or territory. It also issues proper writs in cases regarding constitutionally assured fundamental rights. The high court controls or over sees all courts within its jurisdiction, expect for which deals with armed forces and can transfer constitutional cases to it from the lower courts. The said court have original jurisdiction on revenue matters. They under take original criminal cases by a jury, but not civil cases. According to article 141 of the Constitution of India all courts in the land including high court are stand out by the orders of Supreme Court. High courts are controlled by the chief justice. adjudicate of high court are appointed by the president of India after consulting with the Chief Justice and the governor of the state.Lower CourtsHigh court has the power of supervising the lower courts within its jurisdiction namely the district and posing courts and their lower courts 29. The district and the session courts consist of the lowest level of courts and are also known as trial courts and it applies both federal and state laws.States are divided into districts and inside each district a district judge and sessions judge heads the judiciary. A district judge is in charge of all civil cases and sessions judge over the criminal cases. State regulator after consulting with the states high court appoints these judges.Civil cases are filed in Munsif courts, also known as sub district courts. Lesser criminal cases are handed over to the ally magistrates working under the high court. colonisation level disputes are mostly resolved by Panchayats or Lok adalats.ExecutiveThe President of India is the Hea d of the State and the Commander-in-Chief of the armed forces 29. He is elected by the democratic board composed of members of both the Houses of Parliament and the legislatures of the nations constituent states. The President holds the position for 5 years and he can be re elected. The president does not normally implements any constitutional powers on his own inventiveness. But these are done based on the instruction given by the Prime Minister and the Council of Ministers. The Prime Minister is appointed by the President, who is chosen by the legislators of the political parties. President then appoints other ministers on after consulting with the Prime Minister. Prime Minister can remain in office only when he or she enjoys the majority support from the Parliament.The offense President is elected by the members of both the houses the lower and the upper houses of Parliament. The infirmity President takes the power of President in case of death or resignation of the current Pre sident.Indian legal system is mostly based on the English common law and statutory law, and most of the state and the territorial law are based on English common law.Indias dedication to law is created in the constitution which made India into a sovereign democratic republic, which contains a federal system with law-making form of government in the union and the states.The main resources of law in India are the Constitution, statutes, customary law and case law. Parliament, state legislatures and Union Territory legislatures endorse the statutes. In addition to that there is a huge body of laws known as subordinate legislation in that form of rules regulations made by central and state governments and topical anesthetic authorities like municipal corporations, municipalities, Gram Panchayats and other local bodies.Subordinate legislation is made under the authority s assigned either by the parliament or state or union territory legislatures. The official publications of laws of Ind ia are recorded in major parliamentary legislation such as the India Code. Indian laws stick on to the United Nations guidelines on human rights laws and the environmental law..