Comparative Study Between the Omani and the British Legal Systems in Terms of Judicial Independence and Separation of Powers

Authors

  • Rashid H.S. Al Junaibi Brunel University - London

DOI:

https://doi.org/10.26417/ejis.v6i1.p59-73

Keywords:

comparative study, Omani, British, legal systems, judicial independence, separation of powers

Abstract

The legal system of Oman is a junction of the locally inherent religious legal norms and foreign influence of the French and British legal systems. The legal documents of the country, such as Constitution Articles 60 and 61, may claim that the judiciary is independent, yet the Omani experience within the executive branch, and its role in legislation, demonstrate that the Middle-Eastern state stands in contrast to the United Kingdom (UK), where the separation of powers (SOP) has been in effect since at least 1701. As is indicative of the common historical theme, considering the powers of the sultan, Oman may be said to be in need of popular participation through the parliamentary branches, for the creation of a regional prosecutorial body, and the enforcement of international judicial independence and conduct resolutions. Oman showed a positive response during the peaceful protests in 2011. Still, Oman may require national conferences to discuss such cases with popular participation.

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Published

2020-02-14