英语国家概况-英国Unit 5 Judiciary.ppt

Unit five Judiciary  英国司法 Contents 1. The Rule of Law 2. Sources of Law 3. The Court System 4. Judicial Proceedings 5. The Legal Profession 6. Law and Order The judiciary system of the UK: among the oldest and most traditional of British institutions. The U.S. : legislative, executive and judicial The U.K.: no ministry of justice 没有司法部 England and Wales: Lord Chancellor ---the House of Lords (supreme executive body of the law) 1. The Rule of Law The unwritten British Constitution Bound by the law Equal before the law Law and order Legal redress Free from political pressures 2. Source of Law Common law Statute law European Union Law 2.1 Common law 习惯法 Developed over the centuries through court decisions but unmodified in previous legal cases, called precedents 判例 Different from written codes derived from Roman law 2.2 Statute law 成文法 Formal written laws passed by the Westminster or Scottish Parliaments Supreme over other laws, including common law 2.3 European Union Law UK enter the EEC in 1973 Confined to economic and social matters EU law takes precedence over British domestic law—Acts of Parliament. The European Court (Luxembourg卢森堡): the most authoritative rulings Scottish law: Roman law, English canon law and influences of other European systems. Northern Ireland’s legal system: similar to that of England and Wales 3. The court system Criminal law: the rules laid down by the state for citizens and acts punishable by the state Civil law: governs the relationships and transactions Administrative law行政法: (special sort of civil law) concerns the interactions of citizens with the state—the question of citizen rights and redress（赔偿） of grievance （申诉）. England, Wales and Northern Ireland: common law system Scotland: a hybrid system—the common law and the civil law system England and Wales: one court system—the principal one in the UK The immigration, the Asylum and Immigration Tribunal’s jurisdiction ---to the whole of the UK 3.1 Crimin