User:VivekM/Court
Redraft of Article:Court
[edit]A court is an assemblage, or designated place of assemblage of a body, officially transacting judicial or law business.
Origins and evolution
[edit]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
[edit]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
[edit]Court of law v. court of justice
[edit]Bring out the difference in historical development (in English Jurisprudence) and the integration with the growth of parliamentary systems.
Kinds and examples
[edit]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
[edit]Heirarchies in different countries, under different systems of law.
References
[edit]- [1] English Constitutional Conflicts of the 17th Century, J R Tanner, pg. 18, Cambridge 1962, 1928
- [2] See James I under Divine right.
- [2a] ibid "I shall ever be willing to make the reason appear of all my doings, and rule my actions according to my laws."
- [3] John Citizen and the Law, Ronald Rubinstien, pg. 4, Pelican 1947