The judicial system in England has a rich history spanning over a thousand years, and has evolved over time to become one of the most influential legal systems, for several reasons.
The beginning of the system dates back to the Anglo-Saxon period, when William the Conqueror, after conquering England, formed a more centralized judicial system, establishing royal courts, and working with and developing common law, based on judicial decisions and precedents rather than local customs.
During the 12th and 13th centuries, the judicial system developed during the reign of Henry II, who established the common law system and appointed traveling judges who succeeded in spreading royal justice throughout the country.
From that stage, the idea of practicing judicial precedents arose, meaning that the rulings or decisions of past cases have a role in guiding future rulings, and that was the beginning of the emergence of a unified legal system.
In 1215, the Magna Carta, a document issued by King John, which included basic legal rights and the principle of the king’s submission to the law, and the charter established the basis for legal accountability and protection from arbitrary rule, was more than 800 years ago.
By the 14th and 15th centuries, and a little earlier, the main courts were established: the King’s Court, the Court of Appeal, the Court of the Treasury, and permanent courts, each dealing with different types of cases, criminal, civil, and financial, respectively. The Court of Chancellery also emerged to deal with cases on the basis of justice and fairness, to deal with the subjects of common law, which were characterized by extreme strictness.
In 1688, a “non-violent” revolution took place in England, as a result of religious and political tensions between Parliament and King James II, the last Catholic king, due to his tyranny and disregard for the laws.
The Parliament called on William of Orange, the husband of Mary, daughter of James II, to intervene, so he invaded England with his forces, and the king became constitutional, which gave the judiciary great independence, so that the judge could not be removed except by order of Parliament, while limiting the monarchy to Protestantism. This led to the Hanoverian Germans taking over the British throne later, and until today.
As the role of the judiciary expanded, the jury system was introduced, increasing the public’s role in the judicial process. The Supreme Court was established in 2009, replacing the House of Lords as the highest court.
The occasion to talk about the British judiciary is due to the status and role of the “notary public” in Kuwait, where this position does not receive the importance it deserves.
Although it provides confidence and reassurance regarding the integrity and validity of legal documents, and has a vital role in the legal system and commercial transactions, the notary public, in the opinion of many, is the preventive judge, the contract judge and the contracts expert, and his documents are subject to confidentiality, privacy and secrecy.
Article 190 of the Evidence Law on the Executive Document also states that notaries have the right to issue the executive document, the latest of which was the Rental Law, and what is related to the necessity of documenting it and appending it with the executive formula.
These documents issued by him enjoy adequate protection and immunity, but this protection does not extend to include the person who issues them.
In most countries around the world, the notary public enjoys almost complete independence, away from government agencies, while remaining under their supervision.
Therefore, we must consider placing this profession at the disposal of professionals in the private sector, so that there are “notary public” offices in every main street and mall. This is what we find in most countries around the world, including Lebanon, where, despite the difficult circumstances, the system has never been misused, to the best of my knowledge.
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