当代英国社会及文化 9.pptVIP

Chapter 9 Basic principles of English law? What’s the idea behind natural law and natural justice? p217 Common Law, Statute Law Case law? p218 Precedence? p218 Structure of the courts p219 Magistrates, jurors. Professional training? p220 Death penalty abolished? P222 ‘Sentencing’ Problems in the British legal system? p225 What’s the significant difference between barristers and solicitors? How important is the difference? P223-225 Presentation: the jury system in Britain and the people jury system in China Terms: cross-section, Inns of Court, law society, Nuremberg War Crimes Trials p234-235 Basic principles of English law The rule of law 法律原则 Everybody is subject to the law. Laws must not be arbitrary. There is only one body of law. ‘convention’ The rights of the individual are to be respected. Natural law 自然法 An immoral rule can never be made into a real law simply by being passed through a national legislature. Natural justice 自然正义 Moral perspective /article/detail/2007/04/id/245507.shtml Basics Common law 习惯法 the Common Laws Statute law 成文法 Case law 判例法 Equity 衡平法 Criminal law Civil law Community law 共同(体)法 the European Court of Human Rights p218 Precedence, precedent 先例, 判例 certainty p218 Who is responsible for law-making? p218 Are judges supposed to make law? p218 Death penalty abolished? p222 Magistrates, juries – professional training? p220 English judges The Supremacy of Parliament Parliament can pass, repeal and alter any of Britain’s laws. This is one of the major powers that a government has . 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 decisions of the European Court must be accepted in the UK. Two branches of law Civil law -- defines and enforces the duties or obligations of persons to one another. Criminal law -- by contrast, defines and enforces the o