Equity III
Initially
the courts carried out the functions of all three limbs of government (the
legislative, executive and the judiciary), (this is prior to the birth
Montesquieu (1689 – 1755) and the doctrine of separation of powers).
The
courts however adhered to and continue to adhere to the doctrine of Stare
Decisis, a Roman legacy, and the doctrine simply states that cases with
identical or similar facts are to be approached in an identical or similar
manner (common law is founded on the doctrine of Stare Decisis).
Things
remained that way until the reign of Henry I (1068 – 1135) after which the
function of the courts were divided among three separate bodies.
The
court of Exchequer dealt with the collection of revenues, the court of common
pleas dealt with common disputes or disputes among individuals and the judges
who belonged to the King’s Council or the assize judges continued to travel
through the country.
Copyright
© 2019 by Dyarne Jessica Ward
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