Europe -- Politics and government; Political science
II. THE INFERIOR COURTS (p. 170)
*177. The Hierarchy of Tribunals.*--In the majority of continental
countries a distinction is drawn between ordinary law and what is
known as administrative law, i.e., the body of rules governing the
conduct of public officials and, more particularly, the adjudication
of disputes between these officials, in their public capacity, and
private citizens. This differentiation of law entails customarily the
maintenance of administrative courts, separate from the ordinary
tribunals, in which administrative cases are heard and decided. In
Great Britain, however, there is no such thing as administrative law,
and in consequence there is no need of administrative courts. Public
officials, from the ministers downwards, are amenable to the processes
of the ordinary tribunals precisely as are all other classes of
people. Simpler, therefore, at this point than the continental systems
of courts, the English system is none the less one of the most
elaborate and complicated in the world. There are features of it which
in origin are mediaeval, others which owe their existence to the
reforming enterprises of the earlier nineteenth century, and still
others which have a history covering hardly more than a generation.
Reduced to its simplest aspect, the system comprises, at the bottom,
three principal varieties of tribunals--the county courts for civil
cases and the courts of the justices of the peace and the borough
criminal courts for criminal cases--and, at the top, a Supreme Court
of Judicature in two branches, i.e., the High Court of Justice and
the Court of Appeal, in addition to the Judicial Committee of the
Privy Council, the House of Lords, and a number of other occasional or
special central tribunals.[242]
[Footnote 242: It should be noted that the judicial
system herein to be described is that of England
alone. The systems existing in Scotland and Ireland
are at many points unlike it. In Scotland the
distinction between law and equity is virtually
unknown and the Common Law of England does not
prevail. In Ireland, on the other hand, the Common
Law is operative and judicial organization and
procedure are roughly similar to the English.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account