Write A 4-Page Paper Excluding Title And Reference Pages
Write A 4 Page Paper Excluding The Title And Reference Pages That Ad
Write a 4 page paper (excluding the title and reference pages) that addresses the following: compare and contrast the justice system of a foreign country with that of the United States. Be sure to address three of the following issues in your essay: 1. Substantive Law 2. Procedural Law 3. Judicial Review 4. Policing Systems 5. International Police Cooperation. You should consult outside sources to ensure that you thoroughly address each issue. You may consult the Library, the internet, other course materials, and any other outside resources in supporting your task, using proper citations in APA style. You will need to use a minimum of 3 academic sources. Use Google Scholar, JSTOR, textbooks, and/or .gov websites to keep the true academic sources in your papers. TURNITIN MUST BE UNDER 20%. Make sure to write a few sentences discussing how you evaluated the credibility of your sources.
Paper For Above instruction
The justice systems across the world are diverse, reflecting the cultural, legal, and political contexts of each country. Comparing the United States' justice system with that of a foreign country provides valuable insights into different legal principles, procedural approaches, and law enforcement structures. This essay will examine the differences and similarities between the U.S. justice system and that of the United Kingdom, focusing on three key issues: substantive law, judicial review, and policing systems.
Substantive Law
Substantive law defines the rights and obligations of individuals and entities and varies significantly between countries. In the United States, substantive law is largely derived from statutory laws enacted by Congress and state legislatures, supplemented by case law developed through judicial decisions (Klein, 2014). U.S. substantive law covers a broad spectrum, from criminal statutes to civil rights protections, and is characterized by a federated legal structure that allows states considerable autonomy.
In contrast, the United Kingdom primarily relies on statutes and common law developed through judicial precedents. UK substantive law is unified across the entire country, with Parliament playing a central legislative role. For example, criminal law in the UK is consolidated under the Criminal Justice Act 2003, which codifies offenses and penalties (Elliott & Quinn, 2017). The UK’s legal system emphasizes parliamentary sovereignty and the Doctrine of Parliamentary Supremacy, making statutory laws the primary source of substantive law. Thus, while both countries rely on statutes, the U.S. system's federalism introduces variations across states, whereas the UK's legal system tends to be more uniform nationally.
Judicial Review
Judicial review allows courts to evaluate the constitutionality or legality of laws and executive actions. In the United States, judicial review was established by the landmark Supreme Court case Marbury v. Madison (1803), which provided courts with the authority to strike down laws that conflict with the U.S. Constitution (Tushnet, 2017). This process serves as a fundamental check on legislative and executive powers and is exercised by the federal and state courts.
The United Kingdom operates under a parliamentary sovereignty framework, where courts historically had limited power to overrule legislation enacted by Parliament. However, over time, the UK's courts have developed a doctrine of judicial review for issues related to the legality of executive actions and the compatibility of statutes with human rights laws, especially after the Human Rights Act 1998 incorporated the European Convention on Human Rights into domestic law (Elliott & Quinn, 2017). Despite these developments, parliamentary sovereignty means that courts cannot nullify legislation; rather, they can only declare actions or laws incompatible, prompting Parliament to amend statutes accordingly. This fundamental difference underscores the UK’s approach to judicial authority compared to the U.S.
Policing Systems
The structure and functions of policing systems markedly differ between the two countries. In the United States, law enforcement is highly decentralized, with thousands of local police departments, county sheriff's offices, and federal agencies like the FBI and DEA operating concurrently (Walker & Katz, 2018). This fragmentation allows for specialized agencies that focus on specific crime types but also complicates coordination and standardization of practices.
The United Kingdom, by contrast, employs a more centralized police system dominated by the Metropolitan Police Service in Greater London and regional police forces across England, Wales, and Scotland (Newburn, 2017). The UK police operate under a unified command structure, which facilitates national standards and training. Community policing and the emphasis on preventing crime are prominent; UK police have broader investigative and community engagement roles than some local U.S. agencies (Brodeur, 2019). Additionally, the UK has incorporated a focus on human rights and community relations, which influences policing strategies.
Conclusion
Examining the justice systems of the United States and the United Kingdom reveals notable differences rooted in their historical and constitutional frameworks. The U.S. emphasizes federalism, judicial review, and a highly decentralized policing structure, whereas the UK demonstrates parliamentary sovereignty, a more centralized police force, and a slightly different approach to judicial review. Despite these differences, both systems share the core goal of maintaining justice and order, adapting their structures to their societal values and legal traditions. Recognizing these distinctions highlights the importance of contextual understanding in comparative law and underscores the potential for cross-jurisdictional learning.
References
- Elliott, C., & Quinn, F. (2017). English Legal System (19th ed.). Pearson.
- Klein, R. J. (2014). American Federalism: A View from the States. University of Toronto Press.
- Newburn, T. (2017). Policing Britain: Risk, Security, and Governance. Routledge.
- Tushnet, M. (2017). The American Constitution: A Political and Cultural History. Oxford University Press.
- Walker, S., & Katz, C. M. (2018). The Police in the Community (8th ed.). Routledge.