Part VI

Legal Systems of the World Today

1. USA Legal System

  • USA is a constitutional republic.

  • Governed as a representative democracy with a federalist system.

    • Federalism means there are two levels of government functioning simultaneously: Federal government and State government.

  • The Constitution is codified, outlining the powers of three branches of government.

    • Checks and balances and separation of powers are core principles.

  • The USA operates under Common Law jurisdiction.

1.1 Citizenship

  • Birthright citizenship: Yes

  • Citizenship by descent: If at least one parent is a USA citizen; Yes

  • Dual citizenship: Not officially permitted.

2. Executive Branch

  • Governed by Article II of the U.S. Constitution.

  • Comprising the President, departments, and agencies.

  • President elected by the Electoral College rather than by popular vote.

  • Vice President also elected by the Electoral College (runs on the same ticket as the President).

  • The Cabinet includes members appointed by the President and confirmed by the Senate.

2.1 Functions of the Executive Branch

  • The President has the power to veto laws.

  • Enforces laws, but this power is limited by the Constitution.

3. Legislative Branch

  • Known as Congress, comprised of two houses: Senate and House of Representatives.

3.1 Qualification and Selection of Members
3.1.1 Senate

  • Minimum age: 30 years

  • Must be a citizen for 9 years

  • Resident of the state they represent.

  • Elected by public votes, serving 6-year terms.

  • Each state has two senators.

  • Led by the Vice President.

3.1.2 House of Representatives

  • Minimum age: 25 years

  • Must be a citizen for 7 years

  • Resident of the state they represent.

  • Elected by public votes, serving 2-year terms.

  • Number of representatives per state based on population.

  • Led by the Speaker.

3.2 Powers of Congress

  • Defined under Article I of the Constitution. Congress has the authority to:

    • Make laws.

    • Tax and borrow money.

    • Mint money; punish counterfeiting.

    • Regulate patents and copyrights.

    • Establish lower federal courts.

    • Make laws for the nation’s capital.

4. Judicial Branch

  • U.S. District Courts handle civil and criminal actions, with 94 district courts across every state.

    • Cannot hear appeals.

  • U.S. Circuit Court of Appeals hears appeals from district courts, involving civil and criminal cases.

    • Comprises 13 appellate courts.

  • Supreme Court: the highest court dealing with matters of national/state importance and appeals from lower courts.

    • Operates under a written and codified Constitution.

4.1 Structure of the Judicial System

  • Supreme Court:

    • Final court of appeal for all civil and criminal cases.

  • U.S. Courts of Appeals: 13 circuits.

  • U.S. District Courts: 94 districts including bankruptcy courts.

5. Federalism

  • Dual government system: national (federal) and state governments.

  • Both derive power from the U.S. Constitution.

6. UK Legal System

  • UK is a constitutional monarchy with a unitary government.

  • Comprises England, Scotland, Wales, and Northern Ireland.

  • Constitution is uncodified, consisting of statutes, common law, and customs.

  • Operates under Common Law jurisdiction.

6.1 Citizenship

  • Birthright citizenship: No

  • Citizenship by descent: If at least one parent is a UK citizen; Yes

  • Dual citizenship: Permitted.

7. Executive Branch

  • Led by the Prime Minister and Cabinet, which executes laws and manages government operations.

  • Role of the King: Ceremonial, with functions including:

    • Opening and dissolving Parliament,

    • Granting assent to laws,

    • Representing the nation on state occasions.

8. Legislative Branch

  • The UK has a bicameral Parliament:

    • House of Commons: Members elected by the public, 650 seats, 5-year maximum term.

    • House of Lords: Members appointed by the King on Prime Minister’s advice.

8.1 Functions of Parliament

  • Primary function is to make laws.

  • Both houses must debate and vote on legislative proposals.

9. Judicial Branch

  • Supreme Court: Highest court for civil and criminal matters in England, Wales, and Northern Ireland.

  • Various courts including:

    • Court of Appeal, High Court, Crown Court, County Courts.

10. Saudi Legal System

  • KSA is an absolute monarchy.

  • Governed by Islamic law (Sharia) along with elements of Egyptian law and customary law, mainly Hanbali doctrine.

10.1 Citizenship

  • Birthright citizenship: No

  • Citizenship by descent: If one parent is a Saudi citizen; Yes

  • Dual citizenship: Not permitted.

11. Governance Structure

  • Consists of executive, legislative, and judicial branches:

    • Executive: King & Council of Ministers.

    • Legislative: King, Council of Ministers, and Consultative Council.

    • Judicial: Supreme Court and lower courts.

12. Judicial Authority

  • The judiciary operates independently, ensuring decisions based on Sharia are followed.

    • The Supreme Court reviews matters for compliance with Sharia and can revise decisions from lower courts.

12.1 Qualifications for Judges

  • Must meet specific criteria, including:

    • Saudi nationality,

    • Good moral character,

    • Qualifications from Sharia institutions or equivalent.

    • Age restrictions based on the rank of the judges.