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