حقيقة الازدواج في النظام القضائي السعودي: دراسة مقارنة

Abstract

When judicial systems are reformed from one judicial system to another, they do not follow the same path. Rather, each country is distinctive as to the causes for refom and the methods used. It is not enough to have legal texts that emphasize the reform rather, the new judicial system must be practiced. While the Saudi judicial system has converted to a dual judicial system in the presence of legal texts that confirm this, comparing this reform to the French and Egyptian systems is important. On the one hand, it emphasizes the distinctiveness of each judicial system. On the other hand, this comparison provides evidence on how this system has changed by investigating if the necessary aspects of its formation are present. The study concludes that there is a difference between the causes and methods of conversion among the three judicial systems. It was found that the current Saudi judicial system has most of the double judicial foundations but lacks some of them. Overall, it appears that the Saudi conversion has some comparative advantages, but the system is not yet well positioned to exploit those advantages effectively.