PRINCIPLES OF JUDICIAL AUTHORITY: HISTORY OF ESTABLISHMENT

The letter which I some time since did myself the honour to address to you, upon the subject of the Court of Star Chamber, contains a sketch of the history of the judicial authority of the Consilium Regis down to the reign of Henry VI., during whose minority there occurred something like a parliamentary acquiescence in the interference of the Council in all causes, in which there appeared to be too great might on the one side and “unmight” on the other, or in which there existed other reasonable cause for the withdrawal of the dispute from the ordinary tribunals. I shall now trace the subsequent history of this celebrated Court, commenting, as I proceed, upon some of the cases which came under its notice.

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Sejarah Perkembangan Kekuasaan Kehakiman di Indonesia

Jurnal Ilmiah Universitas Batanghari Jambi ◽

10.33087/jiubj.v20i1.890 ◽

2020 ◽

Vol 20 (1) ◽

pp. 320

Author(s):

Ridham Priskap

Keyword(s):

Judicial Power ◽

East Indies ◽

The Past ◽

History Of ◽

Dutch East Indies ◽

Judicial Authority

Judicial power in Indonesia from the past until now still exists despite the ups and downs, the history of the development of this institution has begun long before independence, even before the Dutch East Indies were entrenched in the archipelago, this judicial authority has existed in the form of traditional justice institutions. As an institution that provides protection to the community, the judicial authority has shown its functions as the last stronghold to seek legal justice for the community.

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JUDICIAL AUTHORITY REFORMS IN MEDIEVAL SERBIA, BOHEMIA AND POLAND

Facta Universitatis Series Law and Politics ◽

10.22190/fulp1801049d ◽

2018 ◽

pp. 049

Author(s):

Aleksandar Đorđević

Keyword(s):

Main Idea ◽

14Th Century ◽

Legal Provisions ◽

State Authority ◽

History Of ◽

Judicial Authority ◽

Court Proceedings

judiciary in the medieval Slavic world. In the 14th century, three important legal codes were enacted in Serbia, Bohemia, and Poland: Dušan’s Code, Maiestas Carolina and Statutes of Casimir the Great, respectively. The proclamation of these three codes was the result of strengthening the powers of their rulers: Emperor Dušan, the Bohemian king Charles IV, and the Polish king Casimir. Almost at the same time, these rulers passed very similar legal provisions on the reorganisation of courts.The main idea was to introduce special state judges, with the aim of suppressing and limiting the feudal and other forms of judiciary in their respective states.The reform of courts, the judiciary and court proceedings was part of the prevalent attempts to centralise state authority in the three Slavic states. This process is a phenomenon of substanital relevance in the history of Slavic law, particularly given the fact that it involved the most powerful rulers of these medieval states, who were one another’s contemporaries.

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Praworządny jak Tatarzyn? Stosunki prawne w Chanacie Krymskim na podstawie miejscowych ksiąg sądowych z XVII wieku

Czasopismo Prawno-Historyczne ◽

10.14746/cph.2013.65.1.05 ◽

2018 ◽

Vol 65 (1) ◽

pp. 121-142

Author(s):

Natalia Królikowska

Keyword(s):

Social Groups ◽

Original System ◽

Social Background ◽

Interesting Case ◽

Political Systems ◽

State Institutions ◽

The Social ◽

History Of ◽

Judicial Authority ◽

Rich Data

The purpose of this paper is to outline the legal practice in the Crimean Khanate in the 17th century. This longest surviving Eastern European post-Genghis state is a very interesting case for any student of the history of political systems and law. This is because its law and state institutions were based on both Mongolian and Islamic-Ottoman models, producing a highly original system. The study is based on rich data surviving in Crimean court registers from the reign of Khan Murad Giray (1678-1683). Treating them as ancillary sources, it makes use of selected entries in other surviving Crimean court registers from 1608-1783 supplemented by information taken from other sources: Tatar, Ottoman and European. The study attempts to fi nd answers to the following questions: who, against whom and in what types of cases, appeared in a given type of court in the Khanate. Answering these questions reveals not only what everyday life of the Khan’s subjects, coming from various social groups, looked like, but also what principles were followed by the Khanate’s legal system and administration. The collected data shows that the Khan fulfi lled the basic duty of any Muslim ruler and gave his subjects access to courts and ensured that law was obeyed. The Khanate was divided into judicial circuits (kazas) in which the highest-ranking offi cial was a judge (kadi). Subjects could also approach the highest judge (cadiasker) about a matter that concerned them. However, there are reasons to believe that his judicial authority was restricted with respect to estates (beyliks) belonging to grand families (karachis) and when it came to this social group itself. The sources also indicate that the Khan’s judicial authority was restricted in lands supervised by a kalga – the fi rst deputy of the Khan chosen from among the members of the ruling dynasty. The study of the cases entered in the registers of a cadiasker court and the registers of a provincial court in Kara Su during the reign of Murad Giray, shows that the clients of the Khan’s justice were members of all social groups, men and women, Muslims and non-Muslims. The frequency in which people appeared in court and the types of cases they litigated, differed slightly depending on their social background, sex and religion. The paper attempts to explain these differences by carefully analysing the social background of parties, their place of residence, sex, types of cases and litigation strategies.

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