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

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  • Rashid H.S. Al Junaibi

    (Brunel University - London)

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.

Suggested Citation

  • Rashid H.S. Al Junaibi, 2021. "Comparative Study Between the Omani and the British Legal Systems in Terms of Judicial Independence and Separation of Powers," European Journal of Interdisciplinary Studies Articles, Revistia Research and Publishing, vol. 7.
    • Handle: RePEc:eur:ejisjr:280
    DOI: 10.26417/ejis.v6i1.p51-66
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    References listed on IDEAS

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    1. Giandomenico Majone, 1996. "Temporal Consistency and Policy Credibility: Why Democracies Need Non-Majoritarian Institutions," EUI-RSCAS Working Papers 57, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
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