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

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

European Journal of Interdisciplinary Studies Articles, 2021, vol. 7

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 the judiciary to be independent, yet the status of Sultan Qaboos as the leader of the executive branch, his role in legislation, and his life demonstrate that the Middle-Eastern state stands in sharp contrast to the UK, where the SOP has been in effect since at least 1701. Considering the cross-branch intervention of the sultan and the resultant cases of rights breaches, Oman may be said to be in urgent need of domestic reforms, including power reform, the creation of a regional prosecutorial body, and the enforcement of international judicial independence and conduct resolutions. Still, as the willingness of the sultan may stand in the way of reforms oriented towards SOP implementation, Oman may require the involvement of foreign institutions.

Keywords: comparative study; Omani; British; legal systems; judicial independence; separation of powers (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:eur:ejisjr:255

DOI: 10.26417/ejis.v6i1.p51-66

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