Assess the hierarchical structure of the court system in England and Essay - 5

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of binding precedent engage with this structure - Essay Example Chadwick (2011) asserts that English legal system is found in common law that among other factors advocates for an organised court system. Courts in England and Wales observe a rigid hierarchy as a consequence of hierarchy of judicial precedents. An important function of the English courts is operating two distinct systems of justice namely the criminal and the civil justice system (Chadwick, 2011). There exists a fundamental distinction between the two systems of justice. The criminal justice system concerns with enforcing criminal law in criminal courts employing its unique criminal procedures. Criminal law is known as the law of the state and falls under public law. Criminal law is meant to protect the public by prohibiting specific forms of conduct and punishing the offenders (Chadwick, 2011). Cases that have a criminal element are heard first in the crown court or the magistrates’ court. The civil justice system is designed to handle matters that are civil in nature in ci vil courts. Civil law is the law among individuals that are essentially private law. Civil cases are principally tackled in the high court and county courts. The size and complexity of a particular matter determine where the matter will be heard. Gillespie (2013) observes that courts in England and Wales adhere to a specific hierarchical order. On the top most of the hierarchy is the supreme court of the United Kingdom. This is a modern supreme court established by constitution reform act of 2005, and it replaced the House of Lords. It is constituted by 12 professional judges appointed by members of the House of Lords (Gillespie, 2013). The court is the highest appellant court and court of the last resort in all matters under the English law, Wales’s law as well as Northern Irish law. The court bears authority over criminal cases in Scotland. In addition, the court has jurisdiction over appeals from the