UNITED KINGDOM

The constitution is not a written constitution or comprehensive bill of rights. Britains

constitution is found to be partly in conventions and customs and partly in statute. The act
known as the bill of rights 1689 deals with the exercise of the royal prerogative and
succession to the crown.1

The British legal system provides some remedies to deal with human rights abuse. For
instances, the remedy of habeas corpus secures the individual s right to freedom from any
unlawful or arbitrary detention. Parliament, however, has power to enact any law and change
any previous law. Any person can take proceedings against the government or a local
government authority to protect his or her legal rights and to obtain a remedy for any injury
suffered.

STATE ORGANISATION,BASIC STRUCTURE

Britain has not generally codified its law and courts adopt a relatively strict and literal
approach to the interpretation of statutes. The ratification of a treaty or international
convention does not make it automatically part of the domestic law. Where necessary, the
government amends domestic law to bring it in line with the convention. Because of Britains
membership of the European community, community law is part of British law and takes
precedence in the event of conflict between the two.

The british constitution is made up of statute law ,common law and conventions.
Conventions are rules and practices which are not legally enforceable but which are regarded
as indispensable to the working of government many are derived from the historical events
through which the british system of government has evolved.common law which is based on
custom and interpreted in court cases by judges ,has never been precisely defined or
codified.it forms the basis of law except when superseded by legislation.community law
,which applies throughout Britain is confined mainly to econonmic and social matters;in
certain circumstances it takes precedence over domestic law.it is normally applied by the
domestic courts ,but the most authoritative rulings are given by the communitys court of
justice.

1 Durga das basu ,select constitutions of the world.(including international

charters).bhagabati prosad Banerjee, b. m. Gandhi.fourth edition part 3.
The queen is head of state and an important symbol of national unity. she is-

-head of the executive;

-an integral part of the legislature:

-head of the judiciary;

-commander in chief of all the armed forces of the crown; and

-the supreme governor of the established church of England.

The queen acts on the advice of her ministers. Britain is governed by her majestys
government in the name of the queen.in international affairs the queen ,as head of state, has
the power to declare war and make peace, to recognise foreign states and governments, to
conclude treaties and to annex or cede territory.

Three. elements make up parliament- the queen, the house of lords and the elected house of
commons. The agreement of all three is normally required for legislation. As there are no
legal restraints imposed by a written constitution. Parliament can make or change any law.it
can even prolong its own life beyond the normal period without consulting the electorate. In
practice,however,parliament does not assert its supremacy in this way.

The validity of an act of parliament, once passed cannot be disputed in the law courts. the
house of commons is directly responsible to the electorate, and in this century the house of
lords has recognised the supremacy of the elected chamber. The system of party government
helps to ensure that parliament legislates with its responsibility to the electorate in mind.

A parliament has a maximum duration of five years, but in practice general elections are
usually held before the end before the end of this term. The maximum life has been
prolonged by legislate in rare circumstances such as the two world wars.

JUDICIAL SYSTEM IN GENERAL

Although Britain is a unitary state, England and wales, Scotland and Northern
Ireland all have their own legal systems, with considerable differences in law, organization
and practices. there are no separate administrative courts in Britain just as there are in France
and other continental countries.in these countries, there are two distinct types of law, ordinary
and administrative and two separate courts, ordinary and administrative. The government
officials are amendable to the administrative courts for certain acts done in their official
capacity and the law applicable therein is the administrative law. The common law in Britain
recognised no distinction between the acts of government official and ordinary courts and to
the same law, through the system of administrative adjudication is in evitable developing.

But the great virtue of the British judicial system in the independence, promptness
and impartiality with which justice is administered. the judges are not influenced by
any consideration except that of justice and fair play. This is because due to their
absolute position of the independence.2

There is no system of judicial review in Britain. Parliament is supreme and it is

beyond the competence of courts declare a law ultra vires.

The judges and courts in Britain are custodians of the liberties of the citizens.
English men have no constitutional rights in the sense we have them in India. There is
liberty in Britain because there is rule of law it means that it is the law of Britain that
rules the country and not the arbitrary will of an individual.
However ,a large amount of modern legislation applies throughout Britain. The law is
divided into criminal law and civil law; the latter regulates the conduct of people in
ordinary relation with one another.the distinction between two is reflected in the
procedures used, the courts in which cases may be heard and the sabction which may
be applied.

The judiciay is independent of the executive;its judgement are not subjects to ministerial
direction or control.the prime minister recommends the highest judicial appointments to the
crown.the lord chancellor is head of the judiaciary,except in Scotland.his responsibilities
include court procedure and the administration of courts.

When we come from the sources to the contents of law,the most important distinction is the
one between civil and criminal law.the object of civil proceedings,which is called action,is
to give redress,usually ,in the form of pecuniary damages,to some private party whose right
another has infringed.on the other hand,in the criminal proceedings orprosecutionthe law
does not regards the wrong act as directefd to particular person only.it considers that there is a

2 Select constitutions,arup chand kapur .k.k. misra.s chand, part -1 the

government of the united kingdom.
public interest at atake ansd its ai to protect society against such acts by punishing the
offender.

THE COURTS;

CIVIL COURT:

1. Magistrates courts have limited civil jurisdiction. The county courts have a wider
jurisdiction, cases are normally tried by judges sitting alone.in addition to county courts
there are still a few local courts with somewhat similar jurisdiction. Most of these are
survivals from the medieval borough courts and have little or no work to do at the
present time, but the Liverpool court of passage, the Salford hundred court and mayor s
and city of London court are still well used3. the 80 or so judges in the high court cover
civil cases and some criminal cases, and also deal with the appeals. The high court sits
at the royal courts of justice in London or at 26 districts registries. Appeals from high
court are heard in the court of appeal(civil division),and may go on to the house of
lords, the final court of appeal.

CRIMINAL COURT:

1. In Britain when a person stands charged with a crime he is brought brfore one or more
justices of the peace( JP) or in the larger towns before a stipendiary magistrate.the
former magistrate serves without pay.the stipendiary magistrates are appointed by the
secretary of state for home affairs and are barristers of seven yearss standing.the
magistrates have jurisdiction over the same classes of cases as justices of the peace and
also some additional powers.ac by acting singly ,justices of peace and magistrates have
jurisdiction over petty cases which are apunishable by a fine of not more than twenty
shillings or by imprisonment for not more than fourteen days . more serious cases are
tried by a bench ,it is called a court of petty session.then there is the court of quarters
sessions,composed of two or more of the justices from the whole of country.all
indictable offences,save the most serious ,can be tried here, and appeals from the courts
of summary jurisdiction are heard.in fact ,it is the court in which majority of grave
crimes are tried.

3 Select constitutions.anup chand kapur.k.k misra.page.s chand, 180

 Courts of assizes are branches of the high court of justice.they are held in the
country towns and in certain big cities three timaes a year.they can try any indictable
offences commited in the country.
From quarter sessions or the assizes, the accused may appeal to the court of criminal
appeal. The court of criminal appeal consists of lord chief justices and not fewer than
three judges of the queens bench. The court sits in London and without a jury. Under
the administration of justice act,1960, a further appeal from the courts of criminal
appeal to the house of lords can be brought if that court certifies that a point of law of
general public importance is involved and it appears to the court or the house of lords
that the point is one that ought to be considered by the house.the house of lords is the
highest court,both in civil and criminal cases.it is the final appeal courts in all cases.

TRIBUNALS

1. Tribunals are a specialized group of judicial bodies,akin to courts of law.they are

normally set up under statutory powers which also govern their
constitution,functions,procedure.they tend to be less expensive , and less formal,than
courts of law.
2. Independently of the executive,tribunals decide the rights and obligations of private
citizens towards one another or twards a government or other public authority.important
examples are industrial tribunals,rent tribunals and social security appeal tribunals.
3. An independent council on tribunals exercises general supervision over many tribunals.

EUROPEAN COURTS

1. The court of justice consists of 13 judges .it interprets and adjudicates on the meaning
of the treaties and on measures taken by the council of ministers and the
commission.it also hears complaints and appeals brought by or against community
institutions, member states or individuals and gives preliminary rulings on cases
referred by courts in member states.it represents the final authority on all aspects of
community law.
2. The single European act of 1986 provided for a court of first instances to relieved the
court of justice of a substantial part of its workload. The new court began working in
1989.

SOUTH AFRICA
 The consyitution of republic of south Africa,1996 is the supreme law of the country
and binds all legislative ,executive and judicial organs of state at all levels of
government. The judicial authority in South Africa is vested in the courts, which are
independent and subject only to the Constitution and the law. No person or organ of
state may interfere with the functioning of the courts, and an order or decision of a
court binds all organs of state and people to whom it applies. The Constitution
provides for the following courts:
Constitutional Court
Supreme Court of Appeal (SCA)
high courts, including any High Court of Appeal that may be established by an Act of
Parliament to hear appeals from high courts
magistrates' courts
any other court established or reognised in terms of an Act of Parliament, including
any court of a status similar to either high courts or magistrates' courts.specialized
divorce courts,small claim courts,and the courts of chief and headmen.

Decisions of the Constitutional Court, the Supreme Court of Appeal and the high
courts are an important source of law. These courts uphold and enforce the
Constitution, which has an extensive Bill of Rights binding all state organs and all
people.

The courts are also required to declare any law or conduct that is inconsistent with the
Constitution to be invalid, and develop common law that is consistent with the values
of the Constitution, and the spirit and purpose of the Bill of Rights.

Constitutional Court

The Constitutional Court is the highest court in all constitutional matters. It is the only
court that may adjudicate disputes between organs of state in the national or
provincial sphere concerning the constitutional status, powers or functions of any of
those organs of state, or that may decide on the constitutionality of any amendment to
the Constitution or any parliamentary or provincial Bill.

The Constitutional Court makes the final decision on whether an Act of Parliament, a
provincial Act or the conduct of the President is constitutional. Therefore any national
legislation or the rules of the constitution court must allow a person when it is in the
 interests of justice and with leave of the constitutional court to bring the matter before
the constitutional court or appeal directly from any other court .

It consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine
Constitutional Court judges. A matter before the constitutional court must heard by at
least eight judges.

Supreme Court of Appeal

The Supreme Court of Appeal, situated in Bloemfontein in the Free State, is the
highest court in respect of all matters other than constitutional ones. It consists of a
chief justice and Deputy President of the Supreme Court of Appeal, and 23 other
judges of appeal. The Supreme Court of Appeal has jurisdiction to hear and determine
an appeal against any decision of a high court.it is the highest court of appeal except
in constitutional matter and may decide only appeals,issues connected with appeals;
and any other matter that may be reffered to it in circumstances defined by an Act of
parliament.

Decisions of the Supreme Court of Appeal are binding on all courts of a lower order,
and the decisions of high courts are binding on magistrates' courts within the
respective areas of jurisdiction of the divisions.

High courts

High court may decide any constitutional matter except a matter that only
constitutional court may decide; or is assigned by act of parliament to another court of
a status similar to a high court; and any other matter not assigned to another court by
an Act of parliament. A high court has jurisdiction in its own area over all persons
residing or present in that area. These courts hear matters that are of such a serious
nature that the lower courts would not be competent to make an appropriate judgment
or to impose a penalty.

There are 13 high courts and also some specialist high courts exercise national
jurisdiction. Like labour court, labour appeal court, land claims court, competition appeal
court, electoral court, tax court.

Magistrates' courts
Magistrates courts form an important part of the judicial system as it is where ordinary
people come into contact with the justice system daily.

For this reason, that the bulk of the departments budget and resources are concentrated here.
Jointly with the Chief Justice, the department implements programmes aimed at supporting
these courts.

The department increased the civil jurisdiction of Magistrates courts and Regional courts
beyond their R100 000 and R300 000 thresholds, respectively.

This is with a view to widening access to justice as more people will be able to access the
Magistrates courts where it is cheaper and faster to obtain a legal recourse compared to the
High courts.

In terms of the Magistrates Act of 1993, all magistrates in South Africa fall outside the ambit
of the Public Service. The aim is to strengthen the independence of the judiciary.

Small claims courts

Small claims courts were established to adjudicate small civil claims. They were created to
eliminate the time-consuming adversary procedures before and during the trial of these
claims. The limit of cases involving civil claims in these courts is R15 000.

By August 2015, there were 345 small claims courts.

The vast majority of the new courts and places of sitting are in rural areas and former black
group areas.
Powers of court in constitutional matters.

A court while deciding a constitutional matters within its power must declare that any law or
conduct that is inconsistent with the constitution is invalid to the extent of its inconsistency;
and may make any order just and equitable.the supreme court of appeal,hifh court or a court
of similar status may make an order concerning the constitutional validity of an Act of
parliament ,a provincial Act or any conduct of trhe president,but an order of constitutional
invalidity has no force unless it is confirmed by the constitutional court.

National legislation must provide for the referral of an order of constitutional invalidity to
the constitutional court.any person or organ of state can directly appeal to the constitutional
court with sufficient interest to confirm or vary an order of , invalidity of a court.

The constitutional court ,supreme court of appeal and high courts have the inheret powers
to protect and regulate their own process , and to developed the common law, taking into
account the interests of justice.4

Transforming the judiciary

The department has made significant strides in its quest to transform the judiciary

It is anticipated that the Legal Practice Bill will overhaul the current structure of the legal
profession, which is inherently prejudicial to any woman who wishes to pursue a career as
lawyer5.

South Africa s democratic transition fundamentally changed the role of courts in the
constitutional system. The courts have been empowered by the introduction of
constitutional review. While all levels of the courts except the magistrate courts are
active in the project of constitutional review, it is only the constitutional court that has

4 M.V Pylee,constitutions of the world,second edition,page no 1376.

5 http://www.gov.za/about-government/judicial-system.
the ultimate power to overturn a legislative act of the national parliament or an action
by the president.asw the constitutional

BIBLIOGRAPHY

1. http://heinonline.org/HOL/Page?
handle=hein.journals/scal68&div=51&g_sent=1&collection=journals accessed on
25th sept 2016
2. https://en.wikipedia.org/wiki/Judiciary#Judicial_systems accessed on 25th sept
2016.
3. http://legal-dictionary.thefreedictionary.com/judicial+system 25th sept
2016.accessed on
4. Edited by Jan M. Smits, Elgar Encyclopaedia of Comparative Law. Edward Elgar,
Cheltenham, UK. Northampton, MA, USA.
5. Author Allan R. Brewew-Carias, Constitutional courts as positive legislators, a
comparative law study.
6. Edited by David S. Clark, Comparative law and society, research handbooks in
comparative law, series editors: Francesco Parisi and tom Ginsburg.
7.