The significance of court rules
While exploring the sources of law in American legal system it is interesting to find that the court rules, one of the elements in enacted law, function as the backbone of the judicial system. The court rules which prescribe the procedures to be adopted by the courts give extensive and clear cut directions. On a comparative note with the Indian context, the federal system and the states have their own court rules enacted by their respective appropriate bodies. In the states, the court rules are placed in a higher status above the statute passed by the legislature and the court rules always prevail over the statutes. Unlike the state court rules, the federal court rules have the same force as federal statutes. The Advisory committee appointed by the Judicial Conference of the United States drafts the federal court rules. The procedural rules have always been the curator of the common man against the callousness of the judiciary and the executive.
Author:Chandini Nair
Junior Associate
LegalEase Solutions Pvt Ltd
Kochi.
Tuesday, April 01, 2008
America too respects!
Shockingly even in the largest democracy of the world *“ the judge has contempt power to punish summarily any disruption in the court room or other display of disrespect to the court.” In India ,the topic, ‘Contempt of Court ’ has always been one which is discussed and debated over.
Though both the nations have derived its set of laws from the English common law system, the revolutionary evolution which shaped the American legal system is much appreciable. The liberal view of the country is enviable. Whereas, in India , the legal system has not freed itself from the hangover of the colonial days.
The theory of Contempt of Court can be related to that of ‘Divine Rule Theory’, which was dethroned a couple of centuries back by the civilized world. The fact that even the liberal Americans who uphold the individual freedom than any other country in the world does not condemn the ‘contempt of court’ is something worth probing into.
(‘Introduction to the Law and Legal System of the United States ’-William Burnham
Ch.V,The Judicial System,pg.168)
Author:AnnieJeen
Junior Associate
LegalEase Solutions Pvt Ltd
Kochi
Shockingly even in the largest democracy of the world *“ the judge has contempt power to punish summarily any disruption in the court room or other display of disrespect to the court.” In India ,the topic, ‘Contempt of Court ’ has always been one which is discussed and debated over.
Though both the nations have derived its set of laws from the English common law system, the revolutionary evolution which shaped the American legal system is much appreciable. The liberal view of the country is enviable. Whereas, in India , the legal system has not freed itself from the hangover of the colonial days.
The theory of Contempt of Court can be related to that of ‘Divine Rule Theory’, which was dethroned a couple of centuries back by the civilized world. The fact that even the liberal Americans who uphold the individual freedom than any other country in the world does not condemn the ‘contempt of court’ is something worth probing into.
(‘Introduction to the Law and Legal System of the United States ’-William Burnham
Ch.V,The Judicial System,pg.168)
Author:AnnieJeen
Junior Associate
LegalEase Solutions Pvt Ltd
Kochi
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