AJ 014 Lecture Notes - Lecture 3: Judicature Acts, Unbridled, Centralisation
18 Jun 2020
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Document Summary
Historical development of the common law system. Centralisation of the administration of justice after 1066. Growth of the king"s courts (curis regis) Residual influence of the role of the monarch) Extension of jurisdiction from appellate to original hierarchy of courts. Writ system (remedy & procedure) (where there is remedy, there is a right) Rigidity and harshness of the common law. Lord chancellor and the court of chancery (1474) Maxim (e. g. those who come wit equity must come with a clean hand; equity will not assist a volunteer) Conflicting jurisprudence (between common law & equity): equity prevails. Supreme court of judicature acts 1873-75: fusion of courts can hear both common law & equitable claims. From magna carta 1215 to the glorious revolution, the bill of rights1689 and the act of settlement 1701. If there is a conflict between legislation and case law, legislation prevails. Foundation for independence of the judiciary laid. Supremacy of parliament (until challenged by the rise of constitutionalism)
