JUDICIAL SYSTEM IN ENGLAND AND WALES: AN ANLYSIS

MAJOR POLITICAL SYSTEM IN THE WORLD - PROJECT

WORK

Submitted to- Submitted by-

Mr. Ashutosh Aahire Divyansh Mimrot
B.A. LLB., IV Semester

Date of Submission

APRIL 5, 2021

Hidayatullah National Law University

Raipur, Chhattisgarh. 492002
 Declaration

I hereby declare that this research work titled topic “Judicial system in England and
Wales: an analysis ” is my own work and represents my own analysis of ideas, and
where others’ ideas or words have been included, I have adequately cited and referenced
the original sources. I also declare that I have adhered to all principles of academic
honesty and integrity and have not misrepresented or fabricated or falsified any
idea/data/fact/source in my submission.

Divyansh Mimrot
B.A. LLB., IV Semester

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 Certificate

This is to certify that Mr. Divyansh Mimrot , Roll Number 62 , student of Semester IV,
Section-B of B.A.LL.B (Hons.),Hidayatullah National Law University, New Raipur
(Chhattisgarh) has done the research work on the project titled “Judicial system in
England and Wales: an analysis ” under my guidance and supervision. The research
work is fit for evaluation and submission.

Place - Raipur Mr. Ashutosh Aahire

Date - 5th April 2021 Faculty of Major political system

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 Acknowledgements

The practical realization of this project obligated the assistance of many persons. I
express my deepest regard and gratitude for Mr. Ashutosh Aahire His consistent
supervision, constant inspiration and invaluable guidance have been of immense help
in understanding and carrying out the nuances of the project report.

I would like to thank my family and friends who always supported and encouraged
me, this project would not have been a reality without them.

I take this opportunity to also thank the University and the Vice Chancellor for
providing extensive database resources in the Library and through Internet. I would
be grateful to receive comments and suggestions to further improve this project
report.

I feel highly elated to work on the topic “Judicial system in England and Wales: an
analysis ”.

Divyansh Mimrot
B.A. LLB., III Semester

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 Table Of Contents

1. Introduction ............................................................................................................... 5

2. Review Of Literature ..................................................................................................5

3.ResearchMethodology....................................................................................................7

4. Objectives Of The Study ..............................................................................................7

5. Chapterisation...............................................................................................................8

6. Chapter 2 Legal system in England and Wales ……………………………….............8

7.Chapter 3 -Court system and Hierarchy ………….......….......................................10

8.Chapter 4- Judiciary in England and Wales …………....……..………..........……....13

9. Conclusion.................................................................................................................15

10. References ………………………………………………………………………..16

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 Chapterisation

Chapter 1

Introduction

A comprehension of the hierarchy of courts in the UK is useful in clarifying the

different legal functions. The higher courts, the Court of Appeal and the Supreme
Court have certain law-production functions, which implies that their choices are
restricting on lower courts. They likewise have specific parts as allure courts, and
thus play out the capacity of exploring the choices of lower courts. This hierarchy of
courts is significant in guaranteeing the organization of equity functions successfully
inside the court framework and specifically comparable to public law goes about as a
significant impediment on the maltreatment of the forces of the Executive and
Legislative parts of government.

Before presenting some findings in other countries, we start by summarising a

number of findings relating to the UK. The findings reported here put the findings in
other countries in context, and are an introduction to the analysis in chapter five.
Previous analysis of the British Crime Survey (BCS) shows that public opinion on
the CJS is quite poor (Chapman et al., 2002). 6 Yet we cannot speak about a
monolithic attitude in the general population. Brown for instance reported that Asian
and Black respondents are more positive than White respondents, except where it
comes to respecting the rights of the accused (Brown, 2005, pp.175-6).

Review Of Literature

The justice system is a key function of democratic states. Citizens’ dissatisfaction

with the delivery and management of justice challenges the legitimacy of the state.
Better insight into the drivers of satisfaction and dissatisfaction is crucial to devise
reform strategies. When it comes to studying citizens’ trust in government, the courts
(with the police) are often cited as so-called ‘core functions’ of the state. These
institutions serve as a guarantee that all other processes in government function in a
democratic way. We can thus talk about meta-trust: trust in the police and the courts

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 makes trust in other public institutions possible, because police and courts provide
some guarantee against possible misbehaviour by such other institutions (Tyler & Huo,
2002). Failure by the courts to perform effectively in the eyes of the public may
generate distrust, not only in the courts themselves and in their justice, but also in the
entire democratic system.

The justice system’s image in many countries has all too frequently been challenged
by numerous scandals. While this has been less the case in the UK, reasons for
dissatisfaction with the justice system have been strikingly similar between countries.
Yet, there remains considerable disagreement on the nature of the problem. While in
the international public discourse there is talk of a deep crisis, some would contend
there is just a confidence deficit (Bastien, 1998; Tyler, 1997) that can be solved by
taking a number of measures.

Research Questions

● Is the Judicial system in England and Wales is similar or different ?

● How does the judiciary works in England and Wales and how law was first made
in England and Wales ?
● What is hierarchy of court system in england and wales How is the court system
in England and Wales works ?

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 Research Methodology

The project work has been done without any collection of primary data or analysis of
collected data and hence is of a non-empirical nature i.e. without any practical evidence
of theory. No specific quantitative observations were made and no interviews or surveys
were done during the making of the project. The study is based on opinion and
theoretical study.

It is descriptive in nature. It is targeted towards an identified subject matter and data has
been gathered through secondary sources. It clearly specifies the distinguished elements
of the topic and studies effectively the “what” of the subject matter. This study is done
with the help of secondary data. This secondary information has been obtained from
published sources such as books, journals, newspapers, official websites and government
publications. Wherever necessary, proper footnotes regarding source of information has
been placed.

OBJECTIVES OF THE STUDY

● To understand the judicial system of England and Wales

● To study about the difference and similarities in the judicial system of England and
Wales
● To know about the Hierarchy of courts and how does court system works in England
and Wales

SOURCES OF DATA COLLECTION

All the research data has been collected and assimilated through online sources, i.e.,
Journal, articles, blogs, books, etc.

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 SCOPE AND LIMITATION OF THE STUDY

The scope is very broad for this research subject. The judicial system of a country is very
dynamic and broad In the law, the legal executive or legal framework is the arrangement
of courts that manages equity for the sake of the sovereign or state. A legal framework is
utilized to determine debates.The Judiciary of England and Wales and Her Majesty's
Courts and Tribunals Service highly esteem their agreeable and viable relations with
different legal authorities all throughout the planet

This research project is wholly based on the online sources, article, books and personal
knowledge and suggestions. Hence all the online sources have been cited accordingly.

ORGANIZATION OF THE STUDY

The research project “Judicial system in England and Wales: an analysis” is organized
into four chapters.

Chapter 1 introductory part, where there is brief introduction to the research topic
including literature review, research questions, objectives, methodology, sources of data
collection, scope and limitation of the study.

After the introductory chapter, Chapter 2 describes the function of the legal system in
these country and how does the legal system works in England Wales..
Chapter 3 discusses about the court system and hierarchy of courts and how does court
system works in England and Wales.
Chapter 4 consists of the analysis of the Executive branch of the Japan and explains about
the three branches and the functions of the same.

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 Chapter 2-Legal System in England and Wales

system of governance
System
The UK has a parliamentary system of governance, with the Westminster Parliament
being the supreme law-making body. The doctrine of supremacy (or sovereignty) of
Parliament means that the courts accept that legislation enacted by Parliament takes
precedence over the common law (essentially, judge-made law as developed through
cases).
Head of state
The head of state is the monarch (currently, Queen Elizabeth II) who is unelected and
who occupies that position by virtue of birth. In practice, the role of the monarch is
largely ceremonial.
Some powers that the Government exercises are derived from the Royal Prerogative and
are exercised in the name of the monarch, although the monarch remains legally
responsible for their exercise. The Royal Prerogative is what remains of the absolute
powers that were formerly exercised by the monarch and which have not been removed
by Parliament. These powers include matters of national security, the defence of the realm
and the deployment of the armed forces.
Structure
The UK Parliament comprises two separate Houses: the House of Commons and the
House of Lords.
The House of Commons is a representative body, the membership of which is elected.
Certain persons are disqualified from membership by profession or occupation (for
example, full-time judges) or by status (for instance, persons under the age of 21).
The Speaker is the Chairman of the House of Commons and carries out his or her duties
impartially such as by ruling on procedural points. By convention, the Prime Minister is a
member of the House of Commons.
The House of Lords is not elected and is not a representative body. Most members of the
House of Lords are life peers appointed under the Life Peerages Act 1958. Such peers are
appointed by the monarch on the advice of the Prime Minister, who receives advice on
who to put forward from a non-political Appointments Commission.

England and Wales has a common law legal system, which has been established by the
subject matter heard in earlier cases and so is the law created by judges. It originated

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during the reign of King Henry II (1154-89), when many local customary laws were
replaced by new national ones, which applied to all and were thus "common to all".

Scotland has its own independent and, in parts, clearly different judicial system with
its own jurisdiction. The law of Scotland is not a pure common law system, but a
mixed system. This law shows many similarities to Roman-Dutch law.

At present, many modern laws are applicable across the whole United Kingdom of
Great Britain and Northern Ireland but there can be differences (for example, in
property law where the law of Scotland resembles civil systems more than English
law).

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 Chapter 3- Court system and Hierarchy in England and
Wales

The overall court structure and hierarchy

The overall court structure and hierarchy is set out underneath. Note, in any case, that
there was a broad survey of the civil court framework in England and Wales in 2016,
dispatched by the Lord Chief Justice. The last report "The Civil Courts Structure
Review" was distributed on 27 July 2016. The survey made a progression of
proposals planned to educate the current program regarding more extensive court
modernisation being embraced by HM Courts and Tribunals Service. It additionally
made various proposals on various parts of the civil equity framework, like
implementation of court decisions, the structure of the courts and arrangement of
judges.

The Supreme Court

The Supreme Court is the last court of appeal in the UK. It hears appeals on doubtful
places of law of public significance for the entire of the UK in civil cases, and for
England and Wales and Northern Ireland in criminal cases. In Scotland, appeals can
be produced using the lower courts in criminal cases to the High Court of Justiciary.

The Judicial Committee of the Privy Council, which includes judges of the Supreme
Court and some senior Commonwealth judges, is the last court of appeal for various
Commonwealth nations, just as the UK's abroad domains, Crown conditions and
military sovereign bases.

The Court of Appeal

The Court of Appeal and the High Court comprise the "senior courts" of England and
Wales. The Court of Appeal is an investigative court and is isolated into two

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divisions, Criminal and Civil.

The High Court

The High Court hears the more genuine and complex civil and family cases from the
outset example. It contains three divisions: Queen's Bench, Family and Chancery.

The Queen's Bench Division is the greatest of the three High Court Divisions.
Included inside it are various expert courts: the Admiralty, Commercial, Mercantile,
Technology and Construction, and Administrative Courts.

The Chancery Division manages organization law, association claims, conveyancing,

land law, probate, patent and tax assessment cases. This Division has three expert
courts: the Companies Court, the Patents Court and the Bankruptcy Court.

England and Wales is part into six circuits or particular geological districts for the act
of law. They are the zones around which the High Court makes a decision about
movement. The six circuits are: South Eastern, North Eastern, Midland, Northern,
Wales and Western.

The County Court

There are around 160 region courts that hear cases inside their geographic catchment
zone. These courts manage civil (non-criminal and non-family) cases. The region
court hears (subject to exemptions) cash claims with a worth up to and including
GBP100,000 and cases for harms for individual injury with a worth up to
GBP50,000. Cases are normally held where the respondent dwells.

The Family Court

The Family Court was set up in 2014. It has public ward and carried all degrees of
family legal executive to sit together in a similar court.

The Crown Court

The Crown Court sits in revolves around England and Wales. This arrangements with
indictable criminal cases that are moved from the Magistrates' Courts, including
genuine criminal cases.

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Magistrates' Courts

These courts hear all criminal cases from the outset occasion. Less genuine cases and
those including adolescents are attempted in the Magistrates' Courts, just as some
civil cases.

Officers manage three sorts of offense: outline (less genuine cases); in any case
(cases that can be heard either in a Magistrates' Court or under the watchful eye of an
appointed authority and a jury in the Crown Court); and indictable-just (genuine
cases).

Chapter 4 - Judiciary in England and Wales

Judicial system in England and Wales

Does the constitution accommodate an autonomous legal executive?

Judicial autonomy from the chief is accomplished by the accompanying methods:

Judicial arrangements are managed by the Judicial Appointments Commission,

which is politically unbiased.

Security of residency is given to judges of the senior courts in its cutting edge
structure under the Senior Courts Act 1981, and to judges of the Supreme Court
under the Constitutional Reform Act 2005. Senior judges can be excused by the ruler
just after a vote of the two Houses of Parliament.

Judicial compensations are dictated by the Senior Salaries Review Board, a free
body, and are paid from the Consolidated Fund, which doesn't need yearly
endorsement. This protects the installment of judicial compensations from leader and
parliamentary control.

Customary law hatred of court and legal scorn of court under the Contempt of Court
Act 1981 guarantee that there is no impedance with the organization of equity by the
courts.

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Judges have wide resistance from claims in misdeed in regard of doing their judicial
functions.

Under the "sub-judice" rule Parliament doesn't examine matters that are being heard
or forthcoming hearing by the courts.

By sacred show, individuals from the chief don't censure judicial choices and the
legal executive don't participate in party political action. This show has not generally
been respected.

How are individuals from the legal executive ordinarily delegated?

Arrangement

Judges are named by the ruler on the proposal of the Lord Chancellor. The special
case is Justices of the Peace who are enrolled by Local Advisory Committees.

The Judicial Appointments Commission, set up as an autonomous body, chooses and

suggests possibility for arrangement. The Judicial Appointments Commission has a
legal obligation to "empower variety in the scope of people accessible for
determination for arrangements".

Judges of the Court of Appeal are designated by the ruler on the exhortation of the
Prime Minister and the Lord Chancellor, following the proposal of a free
determination board led by the Lord Chief Justice.

Capabilities

All potential candidates should be a resident of the UK, the Republic of Ireland or a
Commonwealth country (or a holder of double identity in regard of any of the
abovementioned).

There is a legal retirement age of 70 for judges and Justices of the Peace.

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Judges in England and Wales will in general be more established than their partners
in different nations as they are required to have a profession in law preceding sitting
on the seat. Judges more likely than not had a privilege of crowd for a specific
number of years prior to taking up the position.

Conclusion

Throughout the long term, the English overall set of laws has been a speed setter for
most nations on the planet rehearsing custom-based law. The United Kingdom
administering is carefully founded on the accompanying of the constitution and
conventions accordingly; the English general set of laws depends on the grounds of
outright respects to the equity of people. Because of this every one of the cycles
clarified above are properly followed with no special cases. Despite the fact that we
can't have an ideal framework in any case, undoubtedly we can have a framework
near consummations. As we have found in this article, turning into a lawyer or
specialist requires unique zone of scholastic foundations, the two of them have
diverse directing body, territory of specialization and what they do. In particular, we
have perceived how hard it is to turn into a legal counselor and direct every one of
the morals without turning out badly; the need to appropriately address the interests
of the customer energetically and desirously to maintain a strategic distance from
proficient offense.

Most importantly, we currently realize what being an appointed authority expects of

us, the most effective method to effectively get one at different hierarchy. We have
seen the motivation behind why more often than not we have elderly folks
individuals with silver hair turning out to be judges on the grounds that the
prerequisite for turning out to be one is very requesting.

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 References
● http://www.ankarabarosu.org.tr/siteler/AnkaraBarReview/tekmakale/2011-1/5.p

df

● https://legal-dictionary.thefreedictionary.com/judicial+system

● http://www.justcite.com/kb/editorial-policies/terms/uk-court-structure/

● https://www.judiciary.uk/wp-content/uploads/2016/05/international-visitors-guid

e-10a.pdf

● https://www.lawteacher.net/lectures/public-law/the-judiciary/

● https://uk.practicallaw.thomsonreuters.com/5-636-2498?__lrTS=201711041935

13575&transitionType=Default&contextData=(sc.Default)&firstPage=true#co_a

nchor_a412956

● https://worlddatabaseofhappiness-archive.eur.nl/hap_bib/freetexts/vandewalle_s

_2008.pdf

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