How Is The Uk Judiciary Uphold The Rule Of Law

This essay will argue that the Criminal Justice System (CJS) in England and Wales doesn’t provide justice for all. In particular, the institutionally racist nature of the police and courts towards Black, Asian and minority ethnic groups (BAME) will be addressed. The ‘Lammy Review’ has been instrumental in outlining the disproportionate representation of BAME groups within the CJS. In a letter addressed to the Prime minister, David Lammy reports the findings from his review. 51% of UK-born individuals from BAME backgrounds believe that the CJS discriminates against certain groups and individuals (Lammy,2016). In comparison, only 35% of the white population born in the UK believe the same statement (Lammy, 2016). Thus, choosing to focus on the

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Our American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges, no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States, I noticed a pattern of “cause and effect” that our judiciary branch had practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy, but will be active when the time comes when the general public, in which the case is decided, feels a change is needed. We

Torturing a person like an animal and not being fed, showered, or not see daylight should there be justice? Back then people would be strangled or get shot when they torture a person. Winston had months without seeing any moonlight or daylight, not shaving, and not eating. Also he was torture by putting his worst fear in front of his face, which are the rats. My worst fear are rats as well, and if I was being torture that way then I rather get shot and not suffered. Because getting shot by a weapon we probably will not go through so much pain, screaming, and crying. I will take a bullet rather than anything else because is less torturing. Being tortured for many days or months there should be freedom, and let the induvial do whatever it takes to keeps him or her happy.

Rule of Law and Rule by Law should be distinguished as the latter is merely a government’s tool for the purpose of ruling and governing only. It is not a good approach as compared to the Rule of Law because law is made by the people, for the people.

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

One of the largest issues in developing a career in the legal profession is diversity as there is a perceived image of the legal sector being a traditionally “white, male, middle class” profession. Harold Patrick and Vincent Kuman argue, “the concept of diversity includes acceptance and respect. It means understanding that each individual is unique and recognizing our individual differences” . This essay will examine the social class, educational and gender barriers underrepresented groups face in developing a career in the legal profession. The effectiveness of measures taken to promote diversity in England and Wales will then be evaluated. This essay will go on to ultimately conclude that the legal profession in England and Wales has become increasingly diverse over the years, although a significant lack of diversity does still exist within the upper tier of the profession.

The court system in England and Wales originated during the Anglo - Saxon period. Back then local men gathered in Moot Courts, deciding on issues in line with local customs. Piece by piece the system became more sophisticated, which can be seen clearly after a brief overview on its evolution and evaluation of the advantages and disadvantages.

The most influential definition of the rule of law is that of the A.V. Dicey. In his work he defines the rule of law to be composed of three central elements. The first element states that “no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts”. This element is designed to deny to governments any rights to make secret or arbitrary laws, or retrospective penal laws, and to limit the discretionary powers of government” . In order to comply with the requirement, it is stated that the rule must be open, clear, accessible and certain. This is supported by Lord Bingham as he argued that the law must be accessible, clear and predictable as wide discretionary powers would lead to arbitrariness which is against the rule of law. This principle is further illustrated by

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

The Justices’clerk have two principal functions,the provision of advice to the magistracy and exercising judicial functions.(ALISDAIR GILLESPIE & SIOBHAN WEARE the ENGLISH LEGAL SYSTEM (6th Ed)(2017,OUP,Oxford)p.465) The usher is a visible sympol of the court and yet has no statutory or formal authority except when a jury retire,however,he is present throughout the trial.The usher assists the clerk in the smooth running of a trial and normally identifies which witnesses are within the court building .(ALISDAIR GILLESPIE & SIOBHAN WEARE the ENGLISH LEGAL SYSTEM(6th Ed)(2017,OUP,Oxford)p.487)

The current Rule of law in a basic description is that nobody is above the law, which has been historically emphasized by A.V Dicey. And could be described as “A system of government based on legal code” regardless of sovereignty. And its core purpose is to try to safeguard against questionable governance, for example dictatorships. One of its more critical features is that individual liberties depend on it.

The rule of law, in other words, is where the country functions within a structure of law to prevent anarchy . As what Sir John Donaldson said in the case of Heaton’s Transport v Transport and General Workers’ Union , the courts and the rule of law is there to protect the individuals from unfair and tyrannical treatments by others. However, he also stated that to have that ‘protection’, we ourselves must accept that the law be relevant to everyone and restricts the freedoms that we ought to have. There are two types of interpretation of the rule of law, which are the procedural mechanism and the political theory.

During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the common law have known in public as customary law. In this assignment, author will describe the development of the UK system of common Law and Equity. Arguments about judge’s role in the development of legal principles will be made.