History and Present of Judiciary

Table of Contents

1. THE BEGINNINGS OF THE JUDICIARY

1.1 CHINA

1.2 INDIA

1.3 EGYPT

1.4 MESOPOTAMIA

1.5 HITTITE EMPIRE

1.6 ISRAEL

1.7 ANCIENT GREECE

1.8 ANCIENT ROME

2. LEGAL SYSTEM IN THE MIDDLE AGES

2.1 GENERAL CHARACTERISTIC

2.2 BYZANTINE EMPIRE

2.3 FRANKISH EMPIRE

2.4 FRANCE

2.5 GERMANY

2.6 ENGLAND

2.7 ITALY

2.8 UNITED STATES OF AMERICA

3. THE CURRENT ORGANIZATION OF THE JUDICIAL SYSTEM OF SELECTED COUNTRIES

3.1 ENGLAND

3.2 THE UNITED STATES OF AMERICA

3.3 FRANCE

3.4 GERMANY

4. INTERNATIONAL JUDICIARY

4.1 DEVELOPMENT OF INTERNATIONAL JUDICIARY

4.2 INTERNATIONAL COURT OF JUSTICE

4.3 INTERNATIONAL CRIMINAL JUSTICE

4.4 EUROPEAN COURT OF JUSTICE

4.5 EUROPEAN COURT OF HUMAN RIGHTS

4.5.1 EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

4.5.2 PRINCIPLE OF SUBSIDIARITY

4.5.3 SUPERVISORY MECHANISM ACCORDING TO THE ORIGINAL WORDING OF THE CONVENTION

4.5.4 REFORM OF THE SUPERVISION SYSTEM

4.5.5 EUROPEAN COURT OF HUMAN RIGHTS AFTER 1ST NOVEMBER 1998

4.5.5.1 Structure and organisation of the Court

4.5.5.2 Decision-making authority of the Court

4.5.5.3 Advisory power of the Court

Objectives and Themes

The work provides a comprehensive historical and contemporary analysis of the judicial systems in selected countries and the development of international judiciary. Its primary research goal is to outline the structural evolution of courts from ancient civilizations to modern democratic states, while exploring the mechanism of international human rights protection.

• Historical development of judiciary in ancient civilizations and Middle Ages.
• Comparative analysis of current judicial systems in England, USA, France, and Germany.
• Evolution and functioning of international judicial bodies like the ICJ and ECJ.
• Detailed examination of the European Court of Human Rights, its supervisory mechanisms, and reforms.

Excerpt from the Book

Chapter Summary

1. THE BEGINNINGS OF THE JUDICIARY: Traces the historical origins of dispute resolution from pre-state tribal societies and religious practices to the emergence of formal courts within early state structures.

2. LEGAL SYSTEM IN THE MIDDLE AGES: Examines the fragmentation of medieval law and the resulting court structures across major European states and the Byzantine Empire.

3. THE CURRENT ORGANIZATION OF THE JUDICIAL SYSTEM OF SELECTED COUNTRIES: Provides an overview of the modern judicial hierarchies, court divisions, and administrative aspects in England, the USA, France, and Germany.

4. INTERNATIONAL JUDICIARY: Explores the rise of international courts, focusing on the International Court of Justice, criminal tribunals, and an in-depth study of the European Court of Human Rights.

Keywords

Judiciary, Legal History, Court Structure, International Law, Human Rights, European Court of Human Rights, Legal Systems, Comparative Law, Judicial Organization, Rule of Law, Sovereignty, Litigation, Precedent, Constitutional Law.

Frequently Asked Questions

What is the primary focus of this work?

The work examines the historical development and current organization of judicial systems, transitioning from ancient dispute resolution to contemporary international human rights jurisdiction.

Which countries are analyzed in the section on current judicial organization?

The book specifically analyzes the judicial systems of England, the United States of America, France, and Germany.

What is the main goal of the research?

The goal is to provide a structured overview of how court systems have evolved into their current forms in democratic societies and to explain the international legal mechanisms that protect human rights.

Which scientific method is applied?

The authors employ a historical-comparative method to evaluate legal evolution across different eras and jurisdictions.

What does the main body of the work address?

It covers the historical roots of the judiciary, the legal systems of the Middle Ages, the modern judicial organization of selected nations, and various international judicial bodies.

Which keywords best characterize this publication?

Key terms include Judiciary, Legal History, International Law, Human Rights, and Comparative Law.

How is the European Court of Human Rights structured?

The text explains that the Court is composed of judges equal to the number of contracting parties, divided into sections, chambers, and committees, and details its oversight of the European Convention on Human Rights.

What role does the Committee of Ministers play in the ECHR system?

The Committee of Ministers acts as the political oversight body responsible for supervising the execution of the Court's judgments.