英國司法法律.ppt

1、Chapter 9 Justice and the Law,November, 2007 Xiao Huiyun,Pictures,A 1 Introduction Basic Principles of * English Law,What are the basic principles of English Law? Explain “The Rule of Law”. What is the Law that is higher than man-made law? What are the criteria? What kind of orders are soldiers expe

2、cted to disobey? Give examples. Should the pilot who bombarded the Chinese Embassy in Yugoslavia be punished for the atrocity? Why or why not?,A 1 Introduction Basic Principles of English Law,The Rule of Law, Natural Law and Natural Justice The Rule of Law is an aspect of the British Constitution. I

3、t involves: The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities. There can be no punishment unless a court decides there has been a breach of law. Everyone, regardless of your position in society, is subject to the law.,A 1 Introduction Basic Princi

4、ples of English Law cont,Natural Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children) Natural Law is higher than

5、 Man-made law. Eg. Nuremberg War Crimes Trial Natural Justice - reflections of prevailing moral view of society .,Natural Law Theory,It holds that there are universal moral principles, which are founded in “human nature.” Any set of universal moral principles can be considered a set of natural moral

6、 law. These theories maintain that morality is founded upon characteristics that human share; moral rights and obligations are determined by the limitations and possibilities that are inherent to the human nature.,Basic principles simple sum-up,The rule of law-everybody is subject to the law -laws m

7、ust not be arbitrary -a person is innocent until proven guilty Natural law -a law is higher than a man-made law Natural justice-reflection of the prevailing moral view of the society,A 1 Introduction - Two branches of law,Civil law - defines and enforces the duties or obligations of persons to one a

8、nother. Criminal law - by contrast, defines and enforces the obligations of persons to society as a whole.,A 1 Introduction Sources of British Law,Common Law decided by judges, their decisions in cases being arrived at after considering the customs and practices of the people involved. This kind of

9、law has evolved long before Parliament became the main law-making body. Statute Law made by Parliament Case Law has evolved through decisions in actual trials European Union law,A 1 The Supremacy of Parliament,Parliament can pass, repeal and alter any of Britains laws. This is one of the major power

10、s that a government has . Parliament also has the power after going through its own parliamentary processes of altering its own laws. In theory there is no body that can declare a law passed by Parliament as unconstitutional - though the full impact of the European Court is not yet known. But decisi

11、ons of the European Court must be accepted in UK.,A 2 Structure of the Courts,Criminal if they maintain the highest of standards in all areas, they cannot be touched by the government if they come to a decision that is against a government act Those in the judiciary are paid out of the Consolidated

12、Fund so that they are free of annual parliamentary criticism, which might be used to mould future judicial decisions See p155 for more information,A 4 Inside the Courts cont *,What are the qualifications for judges? Where do magistrates come from? What are their jobs? How important are they? Are the

13、y paid for the jobs? In which branch of court do you find a jury? Sentencing What is the most severe punishment in Britain? Pp 155-157,How Are Magistrates Appointed?,Application,Advisory Committee,Interviews,Recommendation to the Lord Chancellor,Appointment,Requirements of local communities: number,

14、 gender, ethnicity, etc,qualifications,Qualifications/Disqualifications: e.g. age, residence, occupation, criminal record No formal qualification is,Qualifications,English Judges,A 5 Outside the Court The Professional,Barristers and Solicitors Differences in training Work See pp157-159, handouts,Bar

15、rister,Barrister,Law Degree(3 years),School of Law Bar Exams(1 year),Pupilage(1 year),Independent practice in chambers,5 years,Solicitor,A solicitor,Solicitor,Training,Law Degree(3 years),Law Society Exams(1 year),Articles(3 years),Work for a Solicitors firm become a partner,7 years,A 6 Problems in

16、the English Legal System,Outdated practice System elitist Weak points of jury system Advantages and disadvantages of the jury system Lay magistrates See p 159,Potential or Possible Advantages of the Jury System,The system is the chief bulwark of the common man against abuse by the state or by indivi

17、dual members of the legal system. It gives the public a part to play in the legal process and makes the ordinary people gain a sense of involvement. Jurors usually have more first-hand qualification than any judge to form a valid opinion upon facts connected with the daily life of ordinary people. T

18、he system ensures that the judgment of guilt or innocence is made by the accuseds equals, not by a judge whom many will see as being out of touch with ordinary people and no better at making judgments about facts.,Potential or Possible Disadvantages of the Jury System,Jurors may have a lot of diffic

19、ulty following arguments and/or evidence in a complex case. Evidence shows that gender or race discrimination and prejudice still exist among some jurors. Juries are likely to be influenced by one dominant personality among their members and also , by the impression they pick up from the judges summing-up, rather than solely from the facts presented to them during the hearing. Jurors are more easily swayed by emotional witnesses accounts or barristers appeals, and sometimes do not pay as much regard to facts or documentary evidence as expected.,Potential or Possible Disadvantages L