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1 results

  • 14 - Judiciaries

  • from Part II - Actors and Institution
  • 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
    Published online:
    12 August 2023
    Print publication:
    17 August 2023, pp 359-385

  • 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.