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Dual Court System

The different kinds of court systems we have, across borders and nations, have been deliberating on a wide range of issues and delivering justice in accordance to the law without fear or favor. The dual court system however stands out as unique due to the presence of two parallel judicial systems. The United States of America is a perfect example of a country which implements the dual court system.

The term dual means ‘two’ and thus, in a dual court system, there exist federal courts and state courts. Each of these has jurisdictions on the kind or type of cases they can and should liberate on all under the Nation’s constitution. In this regard, State courts are subjected to cases which violate state laws which are created by state officers while federal courts deal with violations of laws created by the federal government. State courts, which have a bigger jurisdiction, are therefore much busier as they deal with a wide range of issues from traffic offences, domestic issues and generally cases amongst citizens. On the other hand, federal courts, which have limited jurisdiction, deal with cases of a bigger magnitude most of which the government is been sued or is suing someone/institution/country or any other party. Federal courts also have a bigger responsibility to protect human rights and to uphold the constitution at all times.

However, there exist certain rare cases in which both courts (federal and state) have jurisdiction and it is left upon the concerned parties to decide on which court to present their case(s). This at times may bring about unnecessary arguments which all lead to time wastage and delayed justice. Needless to say, some parties may use this loophole to delay justice for such a long time as to deny the other party justice. There also exist other situations where one might argue the state laws violate the federal laws and this may result to the federal court having to first rule on whether the argument is true before the case is then presented to the relevant court.

It is indeed beneficial for a country to have a dual court system but only if these courts are capable of living in harmony while maintaining a high level of independence. Keen and regular reviews of both the federal and state laws should be always be carried out with the aim of having clear and distinct laws for ample delivery of justice. Judges should also be of integrity as they are the backbone for success in our judicial systems.


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