Dual Court System
The main purpose of adopting a dual court system is to ensure that there is a more credible form of seeking justice between the two presiding parties. Going through with the discussion, a Dual Court System is a judicial structure that employs two different court systems that are independent of each other. There is one court system that is currently operating on a local level. The other court system is operating on a national level. As of facts, the United States of America, as well as Australian governments, apply a dual court system in their judiciary departments. This is based on the structure of federalism, in which there are states and territories that functions as independent states under a national ruling government in the above-mentioned countries around the world. So, this paper aims to discuss the relevance of a dual court system. It seeks to find out the existence of dual court systems applied by some countries around the world. In addition, this paper seeks to discuss relevant conclusive insights that provide meaningful information from the judicial systems.
In dual court systems, the federal court is the judiciary system that is responsible for arraigning cases affecting the federal government. If there are offenses that involve the federal government, all involved stakeholders will be arraigned in a federal court. Federal court system arraigns cases that take years or even decade to solve it. The judge hears a case that participates in a federal issue that involves the federal treaties or laws. The Federal government of a country has the jurisdiction to the case, which is responsible for handling an issue that could pose a risk to the government. The federal court arraigns cases that involve criminal or civil matters. There are criminal offenses or cases that are tried in federal court systems. Other than the whole federal system, the country’s federal court system is also responsible for including other countries to arraign a certain case. This is especially if there are either criminal or federal cases that pose a risk to the national interest of the involved country. A Federal court system has a wider scope of criminal cases that involve two or more states and countries affected by the offense or a threat to the country.
The other court system is the state court. This is the court wherein it seeks to focus on a criminal offense or a change in policies towards the interest of the state. The court system affecting a state is considered less problematic. This is because most cases are state-related offenses that are always arraigned by the courts. There are at least 90% of all criminal or legal issues that are associated with the state –related cases. State-related offenses are also easy to arraign because there are just only minor cases committed by the defendant as compared to federal-related offenses in court systems. This is because most of the offenses are concentrated within the locality of the community. It takes just weeks or a few months to complete the arraignment and provide sanctions to the offending party. The main purpose of using state court systems is to ensure that any criminal offense or threats will not spill to another state. The federal government of a certain country applies dual court systems to promote an easier way of solving a case. This is because it is more efficient and more relevant to their community’s local interest. Most state courts can easily solve small-scale cases that prevent any threats from affecting the communities of other states. In any case that the offense is considered widespread, the need to upgrade the case to the State’s Supreme Court is applied.
There are positive influences that can be made by a dual court system affecting a certain country. One is the privilege of a state to govern their own jurisdiction, provided that they respect and obey existing rules applied by the federal government. Each state has an independent governing body to ensure that they can efficiently promulgate laws that provide an essential way to maintain their judicial sustainability. The State has the privilege to maximize their state laws, which is only concentrated within their community. Each state has different laws that are unique in their own state jurisdictions. The dual court system allows the Federal court to intervene if there are cases that are already affecting another state. The state attorney and judge are able to define and solve cases without the interference of other states as well as the Federal system. In addition, dual court system allows states not to have the need to seek the approval of other states or the national government before arraigning a certain case. As a result, local government units operating within the state can have the luxury of governing their laws and provisions within their own state.
There is a negative influence or challenging impacts that dual court systems apply to a certain country. The issue of having a forced new law within the judiciary system is often unchallenged when the federal state mandates it. The main reason is that other states are now allowed to intervene the judicial processes of other states due to the ruling of federalism. Only when there are strong connections to a certain state that makes another state can participate or investigate the issue. If there are new laws and policies ratified by their respective legislators, it is only affecting one state. Each state should pass their own resolution before having the chance to approve their new laws or policies on a permanent basis. If the new president or the head of state and create laws applicable to the whole nation, each state has no right to object the new provision. This is especially if there are laws that are not appealing to the general public. The federal government needs to balance its power equally to all other states. When there is political instability between the other states, the risk of maintaining the political legitimacy of the federal government could collapse. An intense political division could lead to a division of power that prompts other states to file for a cessation from the federal government.
It has been concluded that a Dual Court System is an effective judiciary system applied by a country practicing a Federal form of government. Most countries that are practicing Federalism have this kind of judicial governance to ensure that there is a balance to their justice system. The government promulgating this kind of system is able to see and secure laws that are beneficial to the national interest of their community. There is a judicial freedom given to each state, which is a beneficial way of promoting a transparency to their respective society. The issue of judicial instability is slim because state courts can easily detect problems that they are able to solve it for a shorter period of time. In this case, the practice of dual court system is less challenging for countries who are adopting a balancing system in their government. As a result, their laws and policies are always preserved because each government has been always practicing a new norm to improve their governance.