Abstract:
The main principles for organizing a country's judicial organization are two matters, namely: the principle of separation of powers and the principle of supremacy of law or unity. In a comparative study, one can re-examine the formation of the judicial system in our country based on the aforementioned principles and, more importantly, appropriately evaluate the path that must be taken in the future, especially with those currently being formed and developed. The English judicial system, which is arranged based on the principle of unity of law and supremacy of law, from one perspective, and two countries from the Romano-Germanic family, Germany and France, which have each established their judicial organizations based on the principle of separation of powers and the ideal of the supremacy of law, from another perspective, are considered suitable models for a principled comparison.
Machine summary:
1-Principles Governing the Adjudication of Two Major Foreign Legal Systems Despite the extensive developments and similarities that have formed more than ever due to the necessity of international relations among Western countries (Europe and America)5, and also despite the fact that the European Union itself has taken the path of unifying the laws of the large European region by creating executive, legislative, and judicial institutions, two major foreign legal systems are identifiable: the Common Law system and the Romano-Germanic system.
This has resulted in an independent adjudication system, headed by a special Supreme Court, not being formed alongside the English judicial system for lawsuits against administrative authorities or public power.
The Supreme Court of the Country is established for the purpose of supervising the correct implementation of laws in the courts, creating judicial unity of precedent, and performing responsibilities assigned to it by law, based on the regulations determined by the Head of the Judiciary (10)-Author's article: A comparative study of two legal authorities competent to annul government resolutions (the legislature as the authority for political review and the judiciary as the authority for judicial review), Adjudication Monthly, No. 26, June and July, 2001, pp.
Despite the existence of a judicial adjudication system, the Constitution has created the Court of Administrative Justice for people's complaints against officials, units, or government regulations and for the realization of their rights; however, it has not placed the Court of Justice under the supervision of the executive power.
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