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14 - Judiciaries

from Part II - Actors and Institution

Published online by Cambridge University Press:  12 August 2023

Peter Cane
Affiliation:
Christ's College, Cambridge and Australian National University
H. Kumarasingham
Affiliation:
University of Edinburgh
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Summary

Judiciaries in England emerged from four interacting historical sources. At the foundation lay the authority of monarchs empowered to judge their subjects’ rights, duties and status by virtue of the regal office. The second form of judiciary arose by royal delegation of decisional power to dedicated judges sitting in permanent courts of common law, or to executive courts with a more political mandate. A third source of judicial power was local and widely distributed, whereby groups or associations or sub-units of government solved disputes and allocated rights and duties as a process of self-direction, taking place for example in manors, boroughs, guilds, and church assemblies.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Judiciaries
  • Edited by Peter Cane, Christ's College, Cambridge and Australian National University, H. Kumarasingham, University of Edinburgh
  • Book: The Cambridge Constitutional History of the United Kingdom
  • Online publication: 12 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009277778.017
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  • Judiciaries
  • Edited by Peter Cane, Christ's College, Cambridge and Australian National University, H. Kumarasingham, University of Edinburgh
  • Book: The Cambridge Constitutional History of the United Kingdom
  • Online publication: 12 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009277778.017
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Judiciaries
  • Edited by Peter Cane, Christ's College, Cambridge and Australian National University, H. Kumarasingham, University of Edinburgh
  • Book: The Cambridge Constitutional History of the United Kingdom
  • Online publication: 12 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009277778.017
Available formats
×