Understanding our legal system through the different roles given to our Federal courts and State courts. There are three equal branches of government: executive branch, legislative branch and the judicial branch. Federal and state courts are part of the judicial branch of government. It is the job of the judicial branch to apply and interpret the law and mediate any issues that occur under them. Neither branch federal nor state can oversee functions reserved for the other branches.
The additional guard against tyranny was Separation of Powers which means the government was separated into different branches. The Constitution states that the Separation of powers was legislative, executive and judicial branches. Separation of power can defend against tyranny simply because there are 3 powers, not one; which does not make America have an absolute power. The third guard against tyranny was Checks and Balances, which were the balances in the 3 branches of power. In the constitution, there is a diagram stating which branch has power for each other.
Below are the powers of each branch. Our Legislative Branch does many things. Including the following; the main job of our Legislative Branch is to make the laws. It is made up of the senate and the House of Representatives. They also lay and collect taxes, declare war, coin money, provide for the army and navy, and decide on tax laws.
The judicial branch consists of the Supreme Courts and Federal Courts. Judges are selected or elected as members of these courts to enforce the law. In summary, the legislative branch makes the law, the executive branch carries out the law and the judicial branch enforces the law. These branches interact with each in such a way that each branch relies on the other two branches for their
2. Why is common law important? Common law is important because it keeps agreements and contracts liable and helps regulate our society. It is a body of general rules that applied throughout the entire English realm. Moreover, it became part of the heritage of all nations that were once British colonies, including the United
They are then implemented by the executive and enforced by the courts. Statute Law is the most important source of the principles and rules making up the British constitution because parliament is the sovereign body. An example of Statute law include: The Parliament Act (1911), which established the House of Commons as the dominant chamber of parliament. More recent example is The Human Rights Act (1998), which enshrined key rights in UK law. Secondly there is Common Law, Common law includes legal principles that have been developed and applied by UK courts.
The court has ruling and power to inspect state and federal laws and decision-making actions to agree on if the obey the rules of the U.S Constitution. The constitution is there to make sure all the courts are following the rules. This is there to help and guide senates and executive authority not only to specific cases. The Supreme Court obtains the uppermost power and has final decision. The Supreme Court may have the power of all the courts; they still find themselves with restrictions to their power ("Supreme Court, United States", 2005.)
Firstly, in the United Kingdom, parliament is the legislative body is also the highest authority in the court system of the United Kingdom, senate performing the trial through the appellate committee of the senate, parliament became the final level trial for all criminal and civil in the UK whereas in Vietnam, state power is unified, with the assignment and coordination among state agencies in the implementation of legislative, executive and judiciary. The Supreme People's Court is the highest judicial body in the judicial sector. Secondly, operating principles of court in the United Kingdom and Vietnam was followed the principle of public trial and independence. Nevertheless, characterized in the British legal system is the law made by judicial authorities. As the result, when trial judges must follow strict guidelines.
The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government and the armed forces. The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.