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User:VivekM/Court

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Redraft of Article:Court

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A court is an assemblage, or designated place of assemblage of a body, officially transacting judicial or law business.

Origins and evolution

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The word comes from Latin cohort (root: cohors) meaning the king's company. Rulers held court, attended by their retinue (of noblemen, courtiers, advisors), in exercise of the prerogative "of kings to rule and princes to decree justice" [1] or to be "judges over all their subjects and in all causes" [2].

In the early days, when the State was as yet imperfectly developed and the province of law small, rulers thus governed giving a country security and its people a civilised existence [1]. As populations grew and politics developed, rulers could hardly judge "all causes"; and had to delegate the task to ministers or officials - increasingly lower down in the administrative heirarchy.

Thus evolved courts presided by judges. In England, the Act of Settlement (1701) made the judges independent of the King - leading to the modern doctrine of separation of powers, and an independent judiciary, in parliamentary systems.

Functions/ing

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Since all citizens are bound by the laws of the State, they are entitled to ask for its assistance against any errant citizen or official [3]. Courts are that arm of the State which administers justice by resolving disputes, enquiring into facts, interpreting the law and punishing its infractions; thus imposing order and the rule of law [2a].

In doing so a court would:

  • entertain complaints, petitions or appeals,
  • try the case: taking evdicence concerning the facts in issue and hearing arguments on the facts and laws bearing on the subject-matter,
  • make or deliver any order, decree, sentence, opinion or judgement that commends to it,
  • provide for or entertain applications for enforcement of its orders etc., and
  • punish for contempt of itself, of courts below it, or their pronouncements.

Procedure

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Court of law v. court of justice

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Bring out the difference in historical development (in English Jurisprudence) and the integration with the growth of parliamentary systems.

Kinds and examples

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The House of Commons considering a private bill or a Senate Committee holding a hearing could/would be courts.

Tribunals are specialist bodies appointed to regulate and determine disputes in specifc areas; usually made subordinate to a court with appeallate or review powers, and may not in all instances be considered to be courts.

Other kinds - Appellate, sessions, etc. -

Court heirarchies / systems

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Heirarchies in different countries, under different systems of law.

References

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  1. [1] English Constitutional Conflicts of the 17th Century, J R Tanner, pg. 18, Cambridge 1962, 1928
  2. [2] See James I under Divine right.
  3. [2a] ibid "I shall ever be willing to make the reason appear of all my doings, and rule my actions according to my laws."
  4. [3] John Citizen and the Law, Ronald Rubinstien, pg. 4, Pelican 1947