Analysis of the United Kingdom and the United States' Experience in Ensuring Legality in the Administration of Justice

Abstract

It is emphasised that in today’s globalised world, legal systems are increasingly oriented towards common values: protection of human rights, ensuring the rule of law, guarantees of judicial independence, transparency of procedures and effectiveness of legal protection. Effective and fair administration of justice is virtually impossible without ensuring its legality. An important aspect in this context is the study of foreign experience, which will allow the most effective models of law enforcement, judicial proceedings and the organisation of the legal system, which have already proven their effectiveness in democratic states, to be borrowed for domestic realities. That is why a comparative analysis will make it possible not only to identify the strengths of foreign legal mechanisms, but also to adapt them to national legal realities, taking into account the cultural, social and legal characteristics of the country.

It is noteworthy that the United States is the country with the most effective, strict, and democratic mechanisms for ensuring the rule of law. This is manifested in strict regulation of the independence of judges, as well as the presence of a wide range of entities authorised to verify not only the legality of decisions, but also the conduct of internal administrative activities in courts. The United States has independent bodies that monitor the conduct of judges and can initiate disciplinary proceedings against them.

The history of the British judicial system and the centuries-long development of the House of Lords Appeals Committee are analysed, and the key results of the 2005 constitutional reform are outlined.

It is stressed that the domestic justice system needs a thorough analysis of the experience of Great Britain and the United States in order to introduce effective tools and mechanisms for ensuring legality and resolving a number of organisational, institutional and regulatory issues related to their implementation.