Legal System

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LEGAL SYSTEM

Legal System

Legal System

Introduction

This paper has been written with regards to the creation of a Supreme Court and arguments have been presented in support and against it for it being an unnecessary and over-expensive reform. Furthermore, the paper also discusses the Appellate Committee of the House of Lords and whether it was independent, effective and if it was regarded as one of the finest courts in the world. Law plays a very major role in strengthening the economy and the status of a country and this is the reason why focus has to be laid by the government authorities to ensure that the law is in place. For this purpose, bodies are created to protect the citizens against anything that must not be practiced. Therefore, the Supreme Court emerged in United Kingdom in October 2009 by replacing Appellate Committee of the House of Lords (Martin, et.al. 2009, pp. 100).

Discussion

Origin of Supreme Court

The House of Lords played very crucial years for more than six hundred years. It initiated from the work of the Royal Court, “Curia Regis.” The responsibilities included advising the sovereign, passing laws and dispensing justice at the highest level. Both the houses of the Parliament heard petitions until 1399, however, these were for the judgments of the lower courts that needed to be reversed. After this, the House of Commons did not deal with such cases because of which House of Lords got the highest power with regards to the highest court of appeal. The Appellate Jurisdiction Act was passed in 1876 in order to regulate the way in which the appeals were heard (A Le Sueur 2003, pp. 100). Moreover, the Lord of Appeal in Ordinary was also appointed by it, and the judges who were appointed were very much qualified and also worked full time with regards to judicial business of the House. Furthermore, these law Lords could also vote on legislation and got the rights of full time members of House of Lords, however, they voted rarely (MacIntyre 2008, pp. 50).

Appeals were heard by the Law Lords before the Second World War, every day in the chamber of the House of Lords. However, since the House of Commons was bombed, the Law Lord heard the hearings from committee room in order to escape from the noise of the repairs of the building that were being made. Moreover, for this purpose, they also constituted themselves as Appellate Committee. Although the agreement was temporary, however, it proved to be very much successful and therefore, it became permanent. This is the reason why it continued for the remaining life of Appellate Committee. When the Supreme Court commenced in October 2009, the positions of law justices were given to the Law Lords. The first Justices remain Members of the House of Lords; however, they did not have the authority to sit in the House and vote. In October 2009, new Justices were appointed directly to the Supreme Court since they were recommended because they were selected ...
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