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Posted: February 26th, 2022
Judicial Practices in the United Kingdom Compared to Ours
Judicial Practices in the United Kingdom Compared to Ours
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Judicial Practices in the United Kingdom Compared to Ours
Introduction
Different countries have different judicial practices based on the court system, sources of legal authority, and roles of lawyers as well as legal education. For instance, the United Kingdom and the United States have different judicial practices, although the countries share similar historical law roots (Masood, and Lineberger, 2019). The two countries are almost identical to each other but possess differences in legal systems. The paper is a comparison between the United States and the United Kingdom’s judicial practices.
Court Systems
The federal court system and the United Kingdom court systems are different (Wood, Varner, and Young, 2016). The United Kingdom has extended powers to all cases in the United Kingdom as well as handles criminal cases from Northern Ireland, wales as well as England but restricted to Scottish criminal cases. Additionally, in case of European cases or cases that require the European Union reference, the UK Supreme Court has no authority to make any law reference from the European court of justice only in cases of no reasonable doubt.
The United Kingdom Supreme Court tends to ignore the role of a written constitution, which is different from the United States Supreme Court. The United States supreme court does not assume the mandate of a constitutional court, especially during human rights and domestic laws (Wood, Varner, and Young, 2016). The United States supreme court has an extended internal profile compared to the UK Supreme Court. The United States is a constitutional court, follows a written constitution where the court provides the final court judgment regardless of the legal interpretation. Most of the cases brought before the united states supreme court are judged based on the political importance, for instance, questions such as whether the Obama care act is legal or whether the privacy law provides the right for one to carry out an abortion.
The United Kingdom Supreme Court is considered older due to the lengthy process the court has taken in the development of the universal laws. The UK Supreme Court began the process of lawmaking long before the US Supreme Court. However, in a real sense, the United Kingdom Supreme Court is younger compared to the United States Supreme Court. The United States supreme court (Black, et, al,.,2016). The United Kingdom Supreme Court was established in 2009, while the United States Supreme Court found in 1790. The united states court held founding documents and was actively involved in shaping the history and the past the American. The United States court system has specific courts, for instance, bankruptcy courts, migration courts, tax courts as well as the social justice courts. On the other hand, the United Kingdom court system consists of the tribunal court system located in England, Northern Ireland as well as Wales.
Judicial Appointment
In the United States, juries are selected prior by counselors through an election. The process to legal office in the United States is political compared to the United Kingdom (Masood, Lineberger, 2019). The cost of campaign in the US is higher, therefore, making judicial independence expensive and challenging to achieve. The election in the United States has discouraged most of the law professionals where most able candidates do not find their way into the judicial office. In the United States, the elected juries do not necessarily make the best judge due to the appointment methods. Most of the time, educational qualifications are not considered compared to campaign funds and public influence. The united states nominated judges, go through the president for appointment and confirmation of representing a case on the court.
The United States jury appointment differs widely with that of the United Kingdom. Judges in the United Kingdom are randomly selected but should be residents of the British chosen at the age of eighteen and seventy (Masood, and Lineberger, 2019). The United Kingdom uses a judicial appointment commission body to choose participants of the legal office in both courts and tribunals. Unlike in the United Kingdom, the US Supreme Court decides different numbers of judges. The number of judges varies over time. The selection of judges and other candidates is through a fair completion where the commission advertises an application for eligible professionals. Candidates appointed are assigned in the Supreme Court and tribunals. The United Kingdom selection of candidates is conducted by the ministry of justice in collaboration with the majesty courts (MOJ) and tribunal service (HMCTS).
The United States judges once appointed serve for the rest of their lives without retirement. The United Kingdom Supreme Court judges retire at the age of seventy. The United States judge Paul Steve’s served the court until the age of ninety, which have raised critics demanding for younger replacements. The United Kingdom judges during court presentation wear wigs as well as other candidates such as the barristers and the counsels. Judges representing the Wales and England tribunals wear wigs to represent the UK legal system. The united states, on the other hand, do not wear wigs but wear special robes.
Petitions and Court Hearings
The United States Supreme Court listen to about eighty cases among the ten thousand requests presented in the court. Additionally, the appeals are randomly shared with court clerks according to the “cert pool” system, where petitions granting for valid reasons. The United States Supreme Court, however, uses the “rule of four” in giving requests, which are essential in restricting majority power. After granting petitions, the court can decide to decline the appeal without reasons. Most of the time, the court may hear the case and declare the request mistakenly granted.
During the court hearings, the United States allows cameras in the courtroom where most popular and other trials are viewed and presented on national television. The United Kingdom does not allow the use of cameras during a test for an extended period. The United Kingdom’s use of camera and video footage in courtrooms is changing over time, especially the last stages of court hearings. States such as England and Wales do not allow cameras and video taking in courtrooms. Additionally, the United Kingdom court trials do not air cases on television compared to the US.
In the United Kingdom, for the party to appeal to the Supreme Court, permission should be granted, and in case of a decline, the parties seek approval directly to the Supreme Court. Petitions presented in the UK Supreme Court are lower compared to the United States. Only seventy requests granted over the past two-three years. Compared to the unites states supreme court, the united kingdom court represents a case to a panel of three judges while in America, the juries vote for petitions. The combines kingdom Supreme Court cannot decline or reverse a granted request where, in case of refusal, the court provides a reason behind the refusal according to the European Union laws.
Legal Education
The legal system in the United States and the United Kingdom differ widely where the United States legal education follows a monocentric system. In contrast, the UK legal education follows a polycentric order. In the United States, the American bar association approves law schools through the United States education department (Davies, and Woo, 2018). After the approval, any bachelors, doctorate, or masters graduate has the right to undertake a bar examination for accreditation. Law schools not approved by the American bar of the association, are advised to sit for the bar examination where most schools, especially in California, are accredited.
Law schools in the United States are part of professional schools where for candidates to upgrade to law school, they must have acquired a law degree. According to the American bar requirements the candidates need to be accredited before upgrading to law school for the unaccredited, the law school offers an admission examination to attain high standard education. A law degree in the United States takes one hundred and thirty days, and full JD programs take three years and a minimum of two years. The JD program satisfies one to sit for a bar examination as well as a multi-bar examination, which covers most parts of the law, including the regulation of tort as well as constitutional laws.
The UK legal education, students with A levels, are legible to join a law course (degree) where after the degree, the student goes for legal practice for a year as well as two years of a training contract and professional skill course (Davies, and Woo, 2018). Unlike the United States legal system, the United Kingdom legal education is flexible, where one can opt to choose between three routes. The first route takes a total of six years; the second route involves a degree program, a two years professional and training contract, as well as an added year of standard professional examination which sums up to seven years.
The third route is the shortest and elastic, where a student can work as well as undertake the course and training. The education journey provides the freedom to break and perform other tasks. The law student with a legal law course and bar training undergoes supervision from the bar standard board as well as the solicitor’s authority (Wood, Varner, and Young, 2016). The United Kingdom legal education is quite different and unique by offering both the legal law program as well as training.
Conclusion
The judicial practices in the United States and the United Kingdom differ based on the court systems, legal education, judicial appointments as well as court presentation. The US court system differs from that in the UK where the US is considered older than the UK, enjoys a higher domestic profile than the UK as well as the UK holds extended powers over cases. The mose significant difference comes in during the appointment of judges where the UK Supreme Court selects judges through the ministry of justice. At the same time, the US holds an election considered political and neglects law professions from accessing the justice office. Nevertheless, the United States legal education is better and more advanced compared to that in of UK. The United Kingdom follows a polycentric legal education system, while the United States supports a monocentric system.
References
Black, R. C., Owens, R. J., Wedeking, J., & Wohlfarth, P. C. (2016). US Supreme Court opinions and their audiences. Cambridge University Press.
Davies, G., & Woo, M. (2018). Navigating Troubled Seas: The Future of the Law School in the United Kingdom and the United States. J. Int’l & Comp. L., 5, 43.
Masood, A. S., & Lineberger, M. E. (2019). United Kingdom, United Courts? Hierarchical Interactions and Attention to Precedent in the British Judiciary. Political Research Quarterly, 1065912919853368.
Wood, D. P., Varner, C. D., & Young, D. R. (2016). Judicial Oversight of Covert Action in the United States and United Kingdom. Judicature, 100, 35.
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