Cuomo111

Panarchy and pancracy

Hi, I've seen you have edited Panarchy. It has been proposed that Panocracy, an article currently nominated for deletion, be merged into it. Perhaps you'd like to contribute? --Victor falk 17:55, 10 October 2007 (UTC)

Court

A court (Latin: cohort) is an official assemblage, or the designated place of such an assemblage, established for the adjudication of disputes and dispensation of justice.

A sketch of Abraham Lincoln in a courtroom, mostly likely between 1850-53.

Origins and evolution

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 earlier times, when the State was as yet imperfectly developed and the province of law small, rulers governed giving a country security and its' people a civilised existence [4]. 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.

A court not based on theology or the whim of a monarch but on law was generally unheard of before the 6th century BC [(1)]. The idea was pioneered by Greek scholars and passed on to the Romans, though the practice was lost as Europe entered its' Dark Age. Classical ideas were translated during the time of the Rashidun and first Muslim Caliphates, and a court system existed based on the compilation of 'laws' called shariah commenced around the 10th century AD [3].

The secular court of law as is known today in most developed nations thus has its' roots in Roman law and practice, largely brought to Europe by the works of Muslim scholars. The court as an instrument of justice then diversified in accord with the society and circumstances it presided in. For example, in England the common law system developed over time after the Magna Carta and the role of the judge as maker of law was expanded. In contrast, the French system retained the nature of the Roman court, and would come to regard legislative codification, rather than judicial decision-making, as the ultimate source of law in that jurisdiction.

Though the separation of executive and judicial power began in Europe during the early 11th century, the completion of the process occurred much later. In England, for example, the Act of Settlement (1701) made the position of a judge less dependent on the sympathy of a monarch, and would later lead to the modern doctrine of the separation of powers and the requisite independence of the judiciary in parliamentary systems.

Functions

The fundamental functions of a court are:

• To dispense justice according to the laws of the jurisdiction;
• To resolve disputes and controversy between parties;
• To punish those found guilty of a criminal offence;
• (Generally) To give intepretations on legislation. [2a]

Since all citizens are bound by the laws of the State they are entitled to ask for its assistance in enforcing rights against any other party whom they claim to have been infringed by [4]. Additionally, the State has a responsibility to its' citizens to prosecute those other citizens' who have breached criminal laws, with or without reference from the infringed party.

Court of law v. court of justice

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

Kinds and examples

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

Heirarchies in different countries, under different systems of law.

References

1. [1] Tanner, J.R., English Constitutional Conflicts of the 17th Century,Cambridge 1962: 18.
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] Cleveland, W.L, The Modern Middle East, Westview Press, New York, 2004: 27-29.
5. [4] Tanner, J.R., English Constitutional Conflicts of the 17th Century,Cambridge 1962: 18.
6. [5] Rubinstien, R, John Citizen and the Law, Pelican 1947: 4.

Credit

Credit goes to VivekM for the base of this rewrite.

Kabazzah

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Cardinal rule

A proposed deletion template has been added to the article Cardinal rule, suggesting that it be deleted according to the proposed deletion process. All contributions are appreciated, but this article may not satisfy Wikipedia's criteria for inclusion, and the deletion notice should explain why (see also "What Wikipedia is not" and Wikipedia's deletion policy). You may prevent the proposed deletion by removing the {{dated prod}} notice, but please explain why you disagree with the proposed deletion in your edit summary or on its talk page. Also, please consider improving the article to address the issues raised. Even though removing the deletion notice will prevent deletion through the proposed deletion process, the article may still be deleted if it matches any of the speedy deletion criteria or it can be sent to Articles for Deletion, where it may be deleted if consensus to delete is reached. If you agree with the deletion of the article, and you are the only person who has made substantial edits to the page, please add {{db-author}} to the top of Cardinal rule. Mbisanz (talk) 07:37, 28 December 2007 (UTC)