ELTE, AME-121, Judiciary system in the UK, notes

ELTE, AME-121, Judiciary system in the UK, notes
by UNKNOWN author
 
Judiciary system in the UK
British Law – 2 sources
1. Statute Law: A law passed by the British Parliament
2. Common Law: Based on long tradition of court decision in the past which aa also indicate the major principles and yardsticks
Types of Laws
1. Criminal Law: Any case in which a crime has been committed against an individual, a … or a constitution
2. Civil Law: No crime has been committed, but two sides can’t agree on somethingses (eg. divorce; corporations: breaking contract or whatever).
3. Administrative Law: Related to the operation and the interpretation of the constitution (eg. „which authority has authority over something”)
Actors of the British Judiciary system
* Bottom of the pyramid - Magistrate’s courts: Headed by someone who may or may not be a legally trained person (a lay person). Usually a solicitor (a type of lawyer). Called the justice of peace. A lay person, but has good common sense.
* Clerk. Assisted in the different decisions by this individual who has some training (comes from university). He’s not very professional. So Magistrate’s courts consider petty crimes only (pickpocketing, shoplifting, littering). Only sentences up to 6 months. You have to be put on trial at least 4 days after the crime. Habeas corpus – latin term. Since 1679 it has been the cornerstone of Anglo-Saxon countries.
* No supreme court in Britain. There are Law Lords. Head: Lord Chancellor. They decide ultimately. They can deal with criminal cases
Appeals:
Point of Law – The persons who are dissatisfied with the verdict (because the law has been interpreted in a wrong way by the judge)
Point of Fact – Facts have been misinterpreted by the court.
Jury: special Anglo-Saxon institution. Comes from the Middle Ages.
Jury members are not trained individuals. They are citizens, sitting in the jury and having fun. The Jury can decide „guilty” or „not guilty” and nothing in between – the judge is bound to the decision made by the Jury.
Independent Judiciary: it’s not so independent as it is in the US. In the US if someone is a member of a judiciary, they can’t be a member of any other branch. In Britain, quite a member of judiciary are also members of the legislative and the executive.
Eg. Lord Chancellor is head of the supreme court, he appoints inferior court judges, head of the house of lords.
Members of the supreme court are also members of the house of lords. Attorney General; Solicitor General – members of the judiciary branch and also the executive.
Judiciary has control over the legislative in the US, but not in the UK. In Britain, the acts of parliament can be made invalid by another act of parliament. In Britain, the Parliament is the supreme body, in the US, the supreme court can invalidate the parliamential stuff.
In the us they are appointed for life in the supreme court and must be disinterested in everyday political stuffses.
Members of the house of commons are elected by the people. In the UK, parliament is supreme. Parliamentary acts cannot be invalidated by any other BODY except for the parliament itself. In the US, the supreme court can invalidate every act of the congress and every decision made by the president.

OmBuDsMaN
Scandinavian term. Individuals who keep track of the operations of the branches of the govt. and to protect the rights of people if they feel that the constitution does not.
1. Everyone is equal before law (and nobody’s equaller).
2. Noo