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Separation of Powers - Constitution of the United Kingdom  Separation of Powers The concept of separation of powers is of great antiquity and can be attributed to Aristotle (384-322 BC); however, the clearest exposition of the doctrine can be found in Montesquieu 's De L' Espirit des Lois 1748.The essence of the doctrine of separation of powers is that there should be, a clear demarcation in function between the legislature, executive and judiciary in order that none should have excessive power and there should be in place a system of checks and balances between the institutions. The doctrine does not emphasis that there should be three institutions of the government each operating in isolation from each other. Indeed such an arrangement would be unworkable. If constitutional arrangements within a state are considered, a range of possibilities exists:  i. absolute power residing in one person or body exercising executive, legislative and judicial powers: no separation of powe...

Jurisdiction of Courts What do you understand by the jurisdiction of court? Every suit shall be instituted in the court of lowest grade competent to try it- discuss mentioning the relevant laws. Jurisdiction of a court: Jurisdiction of a court means such power of a court, based upon which the court may take cognizance, dispose, order and enforce the judgment by executing a decree. Every suit shall be instituted in the court of lowest grade competent to try it- According to s.15 of the Code of Civil Procedure, every suit shall be instituted in the court of lowest grade competent to try it. S.15 describes the general principle of filing the suit in a court. However, to determine the court of lowest grade competent to try it, the pecuniary jurisdiction of the court is to be taken into account. Because, the court of lowest grade is to be determined by the pecuniary jurisdiction of the court. Example- The court of lowest grade competent to try a suit valuing up to 15 lac taka is the Assist...

Sources of the Constitution of the United Kingdom Sources of the Constitution Under the Constitution of UK, there has traditionally been no comprehensive single document which sets out the general principles of political governance. To give meaning to the constitution as a whole, it is necessary to study the many fundamental documents, statutes and cases along with the non-legal conventional rules. It is, however, convenient to classify the sources, broadly under two heads, namely, legal and non-legal sources. Legal sources imply those sources provisions coming from which are enforceable by an order of the court; non-legal sources imply those sources provisions. coming from which are not enforceable by an order of the court. Legal Sources Statutes: This is law created by Parliament. Acts of Parliament are approved by the Lords, Commons and the Monarchs, they gain the force of law, and are then implemented by the executive and enforced by the courts. Any law that involves constituti...

Discuss the stages of a civil suit. The Stages of a Civil Suit The judiciary of Bangladesh follows the adversarial system. There are two contesting parties, namely, plaintiffs and defendants. Court plays a non-partisan role. The proceedings of a civil suit are controlled by the Code of Civil Procedure. The stages of a civil suit are divided into three parts: 1. Pre-trial stage 2. Trial stage 3. Post-trial stage Pre-trial Stage: The stages of pre-trial stage are stated below: 1. Filing of a suit and forming the plaint: According to s.26 and rule-1 of order 4 of the Code of Civil Procedure, every civil suit is filed by the presentation of plaint. Court may return the plaint under rule 10 of order 7 where the suit is filed in the wrong court. Again, if the conditions of rule 11 order 7 are not fulfilled, court may reject the plaint. 2. Issue of summons: Issue of summons is the next step after filing of the plaint. Summons may be issued in two steps, i.e. by the serving officer or ser...

Characteristics of the Constitution of the United Kingdom Unitary constitution: The United Kingdom constitution was traditionally described as unitary as opposed to federal or confederal. Devolution and other constitutional reforms introduced since the election of 1997 have led, however, to the suggestion that the constitution should now be described as quasi-federal." A union of England, Wales, Scotland and Northern Ireland constitute the United Kingdom. The state for the purpose of international relation is the United Kingdom. Unwritten constitution: The British constitution basically is an unwritten nature. There is no single document in UK which can be said to contain the general principles of political governance. The laws of the British constitution contain statute law, common law, custom and constitutional conventions. Some of the principles of the British Constitution are contained in formally unrelated Acts of Parliament, such as the Act of Settlement, 1700 and the Parl...

The exclusion of jurisdiction of a civil court to entertain civil cases Question: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred- evaluate the statement in the light of section 9 of the Code of Civil Procedure. Answer: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred. Section 4 read with section 9 of the Code of Civil Procedure, implies that although a civil court has jurisdiction to try all kinds of civil suits, if anything otherwise is mentioned in a special law and that law prescribes any jurisdiction to try any civil matter, then that special law should be followed. The general provision is, a civil court shall try all suits of civil nature. However, it should not be considered that the mere presence of any exclusion clause in a special law shall exclude the jurisdiction of a civil suit. If the jurisdiction of civil court is barred, the court is empowered to decide taking ...

Question-1: What do you understand by suit of civil nature? How does a party file a suit? Answer to question no. 1: Suit of Civil Nature: According to section 9 of the Code of Civil Procedure, 1908, a Civil court can try all suits of civil nature. Generally, 'suit of civil nature' means a suit which principally involves the question of right of the citizens. Where the question of right and duty of a citizen is involved and someone violates that right, the cause of action of a civil suit arises. According to section 9 of the Code of Civil Procedure, court shall try all suits of civil nature unless expressly or impliedly barred. According to the explanation of section 9, when the right to property or right to office of a citizen is the principal question of a suit, it shall then be a suit of civil nature and shall be under the jurisdiction of a civil court. Therefore, a suit in which the right to property or the right of office is contested, shall be called a suit of civil natur...