Discussion: Common law Background
NOW FOR AN ORIGINAL PAPER ASSIGNMENT:Discussion: Common law Background
The executive branch of government comprises the head of government and the head of state, the cabinet, and the bureaucracy. In the U.S. system, the president is the head of government and the chief of state; in the British system, the executive is divided between the prime minister (head of government) and the monarch (head of state).
Presidents in the United States also enjoy the security of a fixed term. By contrast, the British prime minister’s position depends on his or her ability to retain the confidence of a majority in the House of Commons. Prime ministers frequently are forced to step down either because public opinion turns against them or because they lose on a key vote in Parliament.
Despite significant differences in the structures of their court systems, both the United States and Great Britain share what is generally known as the common law tradition. Common law is based on decisions made by judges rather than laws promulgated by legislatures. The idea dates back at least as far as the twelfth century, when Henry II sought to implement a system by which judges were charged with enforcing the king’s law while taking into account local customs. In the process of resolving disputes, each judge made, and sent to London, a record of the legal proceedings. Over the years, certain common themes and legal principles emerged from these records, and magistrates turned to certain celebrated judicial decisions for guidance. In time, these precedents and decisions were codified by judicial commentators—the most famous being William Blackstone—and were carried to all corners of the globe, including the American colonies.
Notwithstanding this shared common law background, the legal systems of the United States and Great Britain differ with respect to selection of judges, organization of the judiciary, powers of judicial review, and other key structural matters.
Perhaps the most important political difference between the two judicial systems has to do with the power of judges to uphold or strike down legislative or executive actions. In the United States, both state and federal courts review the acts of the other branches of government—state courts on the basis of state constitutions and federal courts on the basis of the U.S. Constitution.
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