Influence Of King Henry II On The Foundation Of The South African Judiciary

2531 Words 11 Pages
*Note: South Africa is the only country I have not yet written about.

England History shows that King Henry II played a critical role in establishing the foundation of England’s judiciary (Terrill, 2013). Having the support of the people and combining his new ideas with past ones, he successfully restructured the system (Terrill, 2013). Because the people wanted the king to be a deciding factor of judicial cases, Henry created three courts.
1. Court of Exchequer: determines issues between the king and taxpayers.
2. Court of Common Pleas: handles both civil & criminal cases. Jurisdiction included anyone subject to the king.
3. Court of King’s Bench: preside over cases involving the lords of the realm, appellate cases, and local courts
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It still maintains their customary laws, (in a limited fashion) which are the origins before others settled there. Customary law is unique in that its not officially in writing, yet passed on verbally from one generation to the next (Terrill, 2013). Customary law represents the historical culture of the native people and is not used for criminal or terroristic offenses (Terrill, 2013). This customary law had been reported to be the foundation of police brutality and corruption and why citizens distrust law enforcement (Terrill, 2013). When the Dutch settled in 1652, they introduced Roman-Dutch law. Then in 1806 the British settled and introduced common law, yet still allowed Roman-Dutch law (Terrill, 2013). However, Dutch law fizzled out eventually due to its mother country adopting France’s law. This allowed English law to spread and take more roots in South Africa (Terrill, 2013). South Africa created their constitution in 1910, which further entrenched English law and this also remained throughout apartheid (Terrill, 2013). When apartheid ended, South Africa blended Roman-Dutch and English law. Dutch law is relevant in civil issues such as contracts and family law. English law is prevalent in other matters such as procedures and evidence (Terrill, 2013). Since apartheid ended, South Africa is devoted to a democratic judiciary based on the rule of law (Terrill, 2013). South Africa’s …show more content…
Attorneys and advocates are basically the same thing as England’s Solicitors and barristers (Terrill, 2013). South Africa’s attorneys are very much like a British solicitor. They are formally trained to become lawyers and handle the majority of the legal paper work and can make arguments in the lower courts (Terrill, 2013). Anything higher, the attorney would obtain an advocate. Attorneys are formally schooled earning a law degree and must be screened before being assigned as an attorney (Terrill, 2013). Advocates are considered experts and specialize in a particular field. They are sought by the attorneys to handle specific cases (Terrill, 2013). Advocates begin as a junior counsel and after 10 years experience they are eligible to be nominated to senior counsel. Advocates must receive their law degree and have to be members of the Bar Association (Terrill, 2013). The also have to participate in a yearlong program similar to an on-the-job training program. It’s called pupilage and is conducted with an established advocate. Once this program is completed and passed, the member begins their junior advocate career (Terrill, 2013). The president appoints judges in South Africa. Justices are also appointed by the president, but only after officially discussing with certain government organizations such as the Judicial Service Commission (Terrill, 2013). An

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