EXAMPLE REFLECTIVE REPORT ON OBSERVATIONS OF COURT-PROCESS
The Supreme court is more
limited in power of Judicial review than the constitutional or supreme court of
other countries because of the Doctrine of Parliamentary Sovereignty. If
legislation for Instance legislation has been found ultra vires to the power in
primary legislation allowing it to be made can be overturned in the UK by any
court.
In my Visit to the
Supreme Court, I also learned that the Supreme court was officially opened at
the start of the legal year on 1 October 2009. The Supreme court is a non-ministerial
government department of the Government of the UK. It is an independent
institution that is presided over by twelve independently appointed judges who
are known as the Justices of the Supreme court. There is a limit on the number
of judges in Section 23 of the Constitutional Reform Act though this rule also
allows being amended to further increase the number of judges if a resolution
is passed in both Houses of Parliament.
Case in which I was
present in the Supreme court of the United Kingdom there were 5 Judges in that
case and all 5 Judges were male. The names of the Judges who presents the
appeal were Justices Lord Hodge, Lord Briggs, Lord Sales, Lord Hamblen, and Lord
Leggatt. The parties Appellant(s) Federal Airport Authority of Nigeria and
Respondent(s) AIC Ltd present, in that case, were all male and there was one
female and they were young as compared to the Judges.
This appeal of AIC Ltd
(Respondent) v Federal Airport Authority of Nigeria (Appellant) Case ID UKSC
2020/0206 concerns whether the execution of the Court of Appeal's judgment and
order should be stayed pending for the resolution of this application for the
permission of appeal and if permission is granted, pending the appeal.
The Legal issues which
I observed in this case were:
1
That whether the Appeal’s
judgment and order of the execution court should be stayed pending for the
resolution of this application to appeal and if permission is granted, pending
the appeal.
2
In proposed appeal:
·
After reconsidering an order
after it has been made and before it has been sealed what will be the correct
approach to an application?
·
That whether the Court of
Appeal erred by interfering in the Judge’s exercise of her discretion about the
jurisdiction to reconsider an order
·
That whether FAAN the
applicant seeking reconsideration of the order, required relief from sanctions
Under the Civil Procedure Rules in circumstances where that relevant order only
permitted AIC to apply for enforcement of the arbitral award rather than to
enforce it straight away if FAAN fails to comply with the order.
The officials which were present in the court of
them were busy with their work. All of them were working according to their work.
As Compared to Magistrates' Court when I visited there 95% of Criminal cases are completed
there. Magistrates deal with three kinds of cases:
1
Summary offense
2
Either -way offenses
3
Indictable-only offenses
Magistrates which were present in the
Magistrates’ Court were of mixed gender, age, and ethnicity.
Cases were either heard by
·
2 or 3 Magistrates’
·
and a district judge
District Judges are full-time members of the judiciary
who hear the cases in the Magistrates' Court. They normally deal with the more
complex matters which come before the Magistrates' court. Magistrates are
trained volunteers from the local community and unpaid members of their
community who work part-time and deal with less serious criminal cases.
If a case is in the Magistrates’ Court the
Defendant(s) are asked to enter a plea and if they plead guilty or are later
found to be guilty the magistrate can then impose a sentence of up to six
months imprisonment for a single offense (Total 12 months) or unlimited fine amount.
If the defendant(s) is not found guilty then they are judged innocent in the
eye of the law and are then free to go if there are no cases against them.
The most serious cases are always passed by the
Magistrates' Court to the Crown Court e.g. robbery and rape. If a party disagrees
with the verdict of the Magistrates’ court they may be able to appeal.
If I compare the process of both courts The
Supreme Court and Magistrates’ Court the process of the Supreme Court was very
good. Each and everything there was very nice. In Magistrates’ Court, there
were many people some of them were for providing witness testimony, defending a
case, or just supporting someone from the gallery. The Judges of the Supreme
Court were notifying every point and they were fully concentrated on the appeal
case. The Solicitor and Barristers were also very competent and they know how
to present a case.
I understand the process very well because many
of the things which I have seen in these cases were learned by me before but
seeing that process of cases was very good for me. Understanding the procedure
of these cases for the people who were present in Court (including parties) was
a little tough because normally people did not know the procedure of these cases.
The process of the cases was good and it was according to the procedure which I
have learned but the process of these cases shall be made easier for the other
people who were present for their cases because it was very tough for them to
understand such things. There are a lot of things which are related to these
cases people do not understand about it so for their understanding it should be
made easy for them.

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