Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-nptnm Total loading time: 0 Render date: 2024-09-17T22:13:43.928Z Has data issue: false hasContentIssue false

1 - The courts

Published online by Cambridge University Press:  10 January 2011

J. R. Spencer
Affiliation:
University of Cambridge
Get access

Summary

The present system of courts of law in England and Wales depends almost entirely on legislation passed during the last 150 years. Yet it is difficult to describe the present system without referring to older courts, because the functions of some of the newer courts have been defined in terms of the older institutions; the legislative changes did not so much sweep away the debris of centuries as take materials that were to hand and from them fashion a new design. When our superior courts were rehoused in the Strand, in 1882, they were given a huge neo-Gothic building. It would have symbolised our legal institutions much better if the architect had made a building out of all the styles and dates to be found in the country. The past history of our courts is also responsible for a curious distinction being made between courts of law (often called ‘ordinary courts’) and special tribunals. This is not a distinction of function, but a distinction of age. During the last century, Parliament entrusted some judicial and quasi-judicial functions to various persons or bodies; if this process had occurred at a more remote time, these tribunals would now be ‘ordinary’ courts. To ignore these tribunals would lead to a lop-sided view of the administration of justice.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1989

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.003
Available formats
×

Save book to Dropbox

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 Dropbox.

  • The courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.003
Available formats
×

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.

  • The courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.003
Available formats
×