British (UK) Judicial System|Features|Point of Differences|from other countries|Sania Akhtar

 # British (UK) Judicial System

#Features

#Point of Differences

#from other countries

#Sania Akhtar

In a democratic country, a body (a system of courts) for the interpretation, explanation and operation of the law is known as the judiciary. It is the third main organ of the government. 

Like other countries, United Kingdom has also a judicial system that is quite different from other countries. The current judicial system is the result of the Judicature Act of 1873,1876, 1971 & 1979. 

The things that are different in UK Judiciary: 

There are many things that make the British judicial system different from other countries. They are as follow; 

Combination of four legal system: 

In Great Britain, there is no single judicial system while the country like Pakistan and India has the single Judicial system. 

The UK Judicial system has the combination of Four Legal system of England & Wales, Northern Ireland and Scotland. The legal system of England and Wales was based on common principal. The Northern Ireland has the legal system similar to English and Welsh Law while the Scottish Law is different from the legal system of other states.

 

And at the Apex there is the Supreme Court of UK that is the court for final appeal from England, Wales, Norther Ireland and Scotland. The Supreme Court has the Bench of 12 Permanent Judges appointed by the Lord Chancellor (A member from the Cabinet). 

The combination of legal system is because of the reason that in past UK has had different colonies and they had practiced different laws at different areas. 

Two type organization of Courts: 

In the UK, there are two organizational structures of the court; Civil and Criminal Courts.

In England and Wales and Northern Ireland, Civil cases are heard in County Court while Criminal cases are originated in Magistrate Court and further proceed in Crown Courts. In Scotland, the civil cases rise in the Court of Session & Sheriff Court while the murder and crime related cases are dealt in High Courts. 

Independence of British Judicial System: 

The uniqueness of British judicial system is that it is Impartial and independent. All the judges are impartial and guardian of individual liberty. The judges are provided by the security in their offices, and they are provided a handsome salary package to maintain the quality of the work. 

Rule of Law in UK Judicial System: 

Rule of law means that no one is supreme before the law. 

The UK judicial system is characterized by the rule of law. It allows a common person has the liberties and it cannot be taken away from a fair judicial trial. 

This feature of the UK judiciary is prominent from other countries. 

Absence of Judicial review: 

Judicial review is the power of the court to take review and declare null and void any act taken by the legislature. 

Like America and Pakistan, the judiciary of the United Kingdom has no power of the judicial review because of the doctrine of the Sovereignty of the Parliament. That is why the authority of the UK Parliament is unquestionable. 

No separate Administration Court in UK: 

Administration Court dealt with the matter of the administrators or the government officials. Many countries have two types of courts like Administration Court and Ordinary Courts like France, Germany, Greece, Egypt and Tiwan etc. 

While the British judicial system has no separate administration courts. This feature removes the discrimination between the ordinary man and government official and shows that all are subjected to the same court of law. 

Jury System: 

The best thing of the British Judiciary System is that is has a jury system for criminal cases.

A jury is a bench of more than 3 judges. In England, the jury system is privileged in High Courts, appellate courts and Supreme Court except for the lower Courts. 

The credibility of the jury is difficult to challenge hence the decision will be impartial. 

Conclusion: 

All of the above features make the judicial system of the UK unique and recognizable all across the world. That is the reason the UK legal System is known as the father of the world legal system. 

#( British (UK) Judicial System|Features|Point of Differences|from other countries)

Written By Sania Akhtar