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Posted August 11, 2013 by advocateguru in Articles
 
 

DIFFERENT JUDICIAL SYSTEMS

Judiciary is one of the important organs of the Governmental body and played a pivotal role in

the interpretation of Statutes and Laws. Its primary function is to maintain the situation of peace

and order; create harmony. Judicial system in all over the world is entirely different.

Some nations entrusted their judicial system. However, in most of developing countries,

people not entrusted and satisfied with their judicial system. They like to solve their matters in

traditional manners or by themselves. People of Europe, entrusted their judicial set-up; same as

in Middle East countries; but in third world, people does not entrusted and have much believe

that political control over judiciary.

United States has the first Federal Judicial System in the world; but at the same time, in United

States –strong political control over judiciary. Still people satisfied with it because the case

proceedings, not too long and upon merit of the case. Some time the proceedings go, very long

so it depends on the nature of case.

British Judicial System is entirely different from other countries but it is hierarchical, as in

Pakistan. It grows and works systematically. It is very free from political control. Judges are

highly paid, too many courts and judges: that each matter or case handled carefully with special

consideration; try to avoid mistakes and keep eye on every evidence related to case and not too

long proceedings. However, in some cases, too long depends on the case. People are well aware

about Law and their rights. They cooperated with judiciary.

Switzerland has Federal Judicial System but not hierarchal as in Britain. It has 26 judges and 11-

13 alternate judges. These judges are not the members of bar; from common people but have

legal skills. It’s not big judicial set-up but it works effectively and people entrusted and respect

this institution.

People of France respect and show confidence on this institution; respect and love their judicial

system because it is the outcome of Revolutions; their struggles. It become independent after a

long struggle and remains stable. France has hierarchy of courts and its Supreme Court known

as Court of Cassation. It works effectively and proceeding in minor and civil cases not long; but

in criminal cases and cases of high profiled people, trail period is too long.

Turkish judicial system is unique and tough. It follows their rules strictly. It is a complicated one.

In turkey, the courts order is hierarchical but their rules are very strict and tough. Like, the judge

of Civil Court during proceedings wears a black robe with a green collar; the criminal judge

wears a black robe with a red collar and same as in case of Administrative Judge who wears

black robe with a light brown collar. Then when the court starts its proceedings, every male

present in the court should wear the three peace suit (court, tie and pant), shaved whether he is

the criminal or just come to see the proceedings.

In Asia, people do not entrusted judiciary and solve their matters with old “Panchayat System” or

by themselves. Asia was under the British control so Common Law prevails, and has hierarchal

judicial system. Politicians and Feudal have strong hold over judiciary. They appoint most

judges. Proceedings are too long and expensive system. There are less court and fewer judges,

too many cases.

Already, developing countries follow the problem of unemployment and the courts are expensive

so people do not afford the cases expenses. In other words, it is a weak judicial system where

people do not like to go to courts. Civil Judge handles both Civil and Criminal matters. Bribery

is very common; it is in rooted in our system. Judges have high salaries, allowances and benefits

but it is the part of our system, which takes time to change. A marvelous example when the

people of Pakistan came out with judiciary for the restoration of Chief Justice of Pakistan in

March 2009.

Judicial system is different everywhere. I n some countries, it grows gradually; in some

systematically and in some it remains stable. Anyhow, in developing countries, judiciary is

struggling for freedom and in a way to win the trust of its people. It is hard to achieve the better

judicial system especially where corruption in rooted but not impossible. It takes time but at the

end wins the trust of its people and work effectively.


advocateguru