Different countries have various legislation that governs their citizens. Comparing jurisdiction in the various countries is, therefore, is possible and declares how various offenses are dealt with for justice. According to Rhode (2013), the law is the tool that ensures justice in any society. When people commit offenses, they are subjected to law for correction measures. The law in England that is useful for foreign jurisdiction is readily available by statutes, the common law, and treaties. The court that is enforcing the jurisdiction is the one to dictate how a particular law would apply. The report has three distinct parts that help understand how foreign jurisdiction works in two different countries. The historical analysis gives the report the basis of tracing the origin of law and how legislations are imposed.
Furthermore, the report discusses the concept of the rule of law that helps understand whether the law in the selected countries has their domestic law working in line with the international laws. The most preferred legislation between the two nations elaborates the thinking behind it as the whether the laws are favorable to human rights or not. The report further covers a case study explained an occasion when the law was applied to give a ruling on a dispute. The case study used English law for that matter. The thesis statement for this report is that laws are different from one nation to another, and the kind of crime takes unusual punishment. Depending on where the crime happened, the law of that country is used to punish an offense. Law leads to justice in the society, but some punishments violate human rights. Coming up with the common law for various criminal activities will help in making a foreign judgment and eliminate some laws in certain countries that do not consider accidents. The laws that take some offenses that can be solved or punished in a friendly manner reach death.
Historical Analysis
The English language qualifies to be ranked as the most widely spoken around the globe. The language has been part of the syllabus in the most education system to allow learners in all nations fit in the international standards by having a common language. The foreign judgment in England has been transparent and predictable ever unlike that of Saudi Arabia, which changes time after another. The English law on foreigners has developed from the common law (Parker Gordon and Mark, 2010). Like the Islamic law that is used in Saudi Arabia, there is guidance on how every crime is punished. The contrast is that the English law is predictive and flexible. On the contrary, the kind of the offense in Saudi Arabia is definite, and there is no room for change (Karl, 2011). Parties that are involved in an offense have a great room to predict with certainty whether the action that the court has taken against the offender is lawful or not as opposed to the civil laws applied in Saudi Arabia.
In Middle East countries, the law relies entirely on the rigid and very much prescriptive code of the civil law system (Karl, 2011). This is on the contrary with the English law where there is much freedom of contract when the law is taking its course. The judiciary system of England is respected in the entire world for the professionalism that it has demonstrated while dealing with cases. In both countries, the law has to apply to all people equally whether one is a foreigner or a citizen of that country. This brings the aspect of equality in law systems. In England, judgment is independent of external forces unlike in Middle East nations where the punishment come not from the findings of a case but the Islamic law. If the Islamic Sharia says the penalty for a crime is death, there are no negotiations about that but death. On the contrary, English law due to its flexibility allows and individual to appeal if he or she thinks the judgment was bias.
The Rule of Law
The concept of the rule of law is a system that upholds that individual persons, governments, and organizations voluntarily submit themselves, obey and accept to be regulated by law and not and arbitrary action by someone of a group of people. All entities whether public or private including the state government are bound to the legislation of the country as stipulated in the constitution of that country (Tamanaha, 2004). The law applies to all bodies equally and independently and in a consistent manner with the international rights and standards define the rule of law. It relates to foreign jurisdiction in that when a person commits an offense in a country, the kind of punishment for the crime is dependent on what the law in that country says. In both England and Saudi Arabia, the rule of law is similar. Depending on the kind of crime one has committed, the law of the country is imposed on that person irrespective of nationality, religion, race or status. It brings out equality in the legal systems because with the rule of law; nobody is above the law. If one commits an offense, he or she is subjected to the law for punishment.
In Saudi Arabia, the domestic law that is entirely developed from the Islamic culture allows some punishments that are contrary to the international law (Vogel, 2010). These include death crimes. For instance, some of the criminal activities that will lead to death in Saudi Arabia include blasphemy, murder, adultery, acts of homosexuality and banditry. Death violates human rights. Therefore, consideration needs to be applied when dealing with certain offenses. Although it may serve as an example for others, international law does not allow killing as a punishment. In England, it is contrary, as they have removed punishment through death in their jurisdiction. Some offense would lead to life incarceration rather than facing death in England law system.
The adoption of English court system seems the best alternative. Many countries need to have this kind of legislation so that justice prevails in the court systems of various countries. The court system in England has shown professionalism and quality in handling complicated cases. This case study focuses on a judgment that a Chemical company in Germany presented a case in a law court in London and obtained justice. The company requested the English law firm to assist in taking action and revoke the UK patent for having an active ingredient of a vital pharmaceutical product that has an international importance. The company that had reported the case was physically based in Germany territory. Therefore, the owner was supposed to seek jurisdiction in Germany. It crossed borders and sought justice with English courts. The decision to seek judgment through an England court was to bring significant impact on the change and persuade for Germany and Europe at large.
English law has shown much confidentiality in the cases that they have solved. They handle cases with much legal privilege. This shows the extent to which the legal system need to demonstrate professionalism in their dealings with cases. A ruling by an English court is highly honored around the globe and followed. The company was seeking the best hearing and preferred the English law to others. The belief that the company had was that the decision that an English court gives is correct and fair. There have been various cases that have been solved here, and therefore the good record helps the company prefers the foreign tribunal. In legislation, the most important aspect that judges need to consider are the facts and the quality of their work. Patent court judges in England are the most qualified, and they serve as examples of the judiciary system of many nations. According to Terry (2008), legal professionalism expressed by the English law are firmly established, giving an upper hand the fundamental human rights.
Conclusion
In conclusion, the main purpose of the legislation is to achieve justice. Many court systems in the world have denied people justice that they deserve hence making them grief without someone to console them. Many nations have copied their style of legislation from English laws that have shown professionalism. The court system in England also attracts attention from all over the world. Many judgments done today refer to cases that were solved in the past based on common law. Therefore, as identified that different nations have their legislation system, foreign jurisdiction remain paramount to deal with offenses based on the location where the offense was committed.
References
Rhode, D. L., & Luban, D. (2014). Legal Ethics. Foundation Press.
Parker, C., Gordon, T., & Mark, S. (2010). Regulating law firm ethics management: an empirical assessment of innovation in the regulation of the legal profession in New South Wales. Journal of Law and Society, 37(3), 466-500.
Rhode, D. L. (2013). In the Interests of Justice: Reforming the legal profession. Oxford University Press.
Terry, L. S. (2008). The Future Regulation of the Legal Profession: The Impact of Treating the Legal Profession as' Service Providers'. Journal of Professional Lawyer, 2008, 189.
Tamanaha, B. Z. (2004). On the rule of law: History, politics, theory. Cambridge University Press.
Karl, D. J. (2011). Islamic Law in Saudi Arabia: What Foreign Attorney's Should Know. Geo. Wash. J. Int'l L. & Econ., 25, 131.
Vogel, F. E. (2010). Islamic Law and the Legal System of Saudi: Studies of Saudi Arabia (Vol. 8). Brill.
