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London
The capital city of England and the United Kingdom lies on the River Thames, which winds through the city. Its many bridges are a famous sight. The oldest is London Bridge, originally made of wood but rebuilt in stone in 1217. The most distinctive is Tower Bridge, which was designated to blend in with the nearby Tower of London.
However, it shouldn’t be forgotten that in the House of Commons any Prime Minister deals with the leader of opposition officially called: “Leader of Opposition of Her Most Excellent Majesty”. In other words, the monarch in the United Kingdom is above politics (or is superior to politics).
Politics, great and small, come and go away; differing from elected or appointed by political interests presidents, the succeed monarch remains. Even death doesn’t create the vacuum provided only that the right to succeed (right of succession) exists. «The king is dead – long life the king!».
Constitutional Monarchy and British Parliament (8)
Differ from other countries, British constitution is not a written document. The existing parliamentary system which incessantly has developed since 18 century, is based on a set of separate laws, precedents and customs. Basically, it consists of three elements: the monarch, the House of Lords and the House of Commons.
Originally both chambers were subject to the monarch. During centuries, they became stronger and more powerful, but this process was rough and sometimes rather painful. Even today the resolution of the parliament cannot become a law without monarch’s consent, true is, that such consent has never been refused since 1707.
The monarch’s role, practically is ceremonial: once a year the queen arrives in the parliament in the carriage and puts on monarch’s dress and crown to open the new session of the parliament.
Monarchy is the most ancient temporal institute of the UK, and the monarch’s power is hereditary. At the same time, it is necessary to note, that in Britain the queen reigns, but does not rule. Her majesty’s government rules the country in the name of the queen, who acts on her ministers` recommendation. The queen summons, prorogues and dissolves the parliament, she usually opens a new sessions of the parliament by throne speech, which contains the main plans of the government.
The monarch should give the royal assent, before the bill which has passed all stages of discussion in both chambers of the parliament, becomes the parliament act. As the head of the state the monarch has the right to sign the international agreements, concede or receive territory and declare war and conclude the peace.
The monarch grants honours and appoints to all important state posts, including judges, officers of all armed forces, diplomats.
Constitutional monarchy and the British Parliament (8)
The British constitution, unlike that of most other countries, is no written one. The existing parliamentary system which has incessantly (continually) developed since XIII century is based on set of separate laws, precedents and conventions (customs). Basically it consists of three elements – the Monarch, the House of Lords and the House of Commons. Originally both chambers were subject to the monarch. During centuries they became stronger and more influential, but this process was rough (irregular) and from time to time rather painful. Even today the enactment of parliament cannot become the law without the Royal Assent, the truth, which has been never refused since 1707. The role of the monarch now is practically reduced (brought) to pure ceremonial one: yearly the Queen arrives to parliament in the smart horse carriage (in the carriage harnessed with horses – в карете запряженной лошадьми), and dresses monarchical attire and a crown to open new session of the parliament. The monarchy is the most ancient secular institute of the United Kingdom and authority of the monarch is hereditary.
At the same time we have to mention that in Great Britain the Queen reigns but she doesn’t rule. The United Kingdom is governed by Her Majesty’s Government in the name of the Queen who acts on the advice of her ministers. The Queen summons prorogues and dissolves Parliament; normally she opens the new session of Parliament with a speech from the throne outlining her Government’s program.
Before a Bill which has passed all its stages of discussion in both Houses of Parliament becomes a legal enactment it must receive the Royal Assent. As the symbolic head of the government the Queen has the power to conclude treaties, to declare war and to make peace, to annex and cede territory.
The Queen awards various honorary titles and makes appointments to many important state offices, for instance (including), judges, army officers, members of the diplomatic corps.
Government of Great Britain
Great Britain is a parliamentary monarchy, i.e. the Crown is not absolute and constitutional. The authority of a crown is limited by parliament, but this authority is ancestral (inheritable), instead of elective. In England the legend is eurysynusic, that the monarchy is harmless, that the king/queen reigns, but doesn’t control (operate). The crown implements only through parliament and cabinet of ministers.
The prime minister is a leader of a crew of the majority in the House of Commons. He reshapes government and cabinet of ministers, the authorities of which last 5 years before following selection. The residence of the prime Minister is on Dawning street, 10. The authority of a cabinet of ministers is controlled by Parliament.
The cabinet of ministers consists of the main ministers of government: the minister of the finance, minister of internal affairs, minister of foreign affairs, minister of a defense, lord-chancellor, Lord Privy Seal, Paymaster General and number others. Except for the members of a cabinet there are simply ministers, which enter in a composition of a government, but not of a cabinet, and are inferior to the colleagues. The cabinet plays a leading role in state and political life of the country. The cabinet of ministers, instead of parliament, possesses an actual authority.
The party in power aims to have stable absolute majority in Parliament. Otherwise under the proposal of the prime minister the early elections can be assigned.
Characteristic of English political formation is the bipartisan system. The development of two crews was outcome of union industrial bourgeoisie (Whigs) and landowning aristocracy (Tory). The parliamentary reform of 1832 conducted under pressure of mass, has resulted in considerable changes. The class face of parties had changed, the new titles had appeared: conservative (Tory) and liberals (Whigs). These two parties replaced one another for a management (manual) of country within almost a century. Then since 1923 the Labourists have taken a place of the Liberal party, which has survived crisis and have compounded opposition of conservative party.
On parliamentary elections of 1997 the Labour party has defeated conservatives also has formed government, which looked forward change radically the constitution of the country. First of all, it refers to parliament of the country: their intentions are to transform the Upper house of Parliament – House of Lords – into elected legislative body, and assign there national Lords selected on a lot, in much the same way to the selection of the jurymen.
GB Government
The United Kingdom is a constitutional monarchy, which means that king’s powers are limited by the constitution. The power of crown is limited by the parliament, but this power is inherited, not elected. There is one known legend in GB telling that “Monarchy is inoffensive”, that king or queen reigns but doesn’t rule: The king power acts only under the parliament and the cabinet.
The Prime Minister is a leader of Majority Party in the House of Commons. He forms the government and the cabinet of ministers whose powers last 5 years till the next elections. The Prime Minister’s residency is at Downing Street 10. The Parliament controls the Cabinet.
The Cabinet consists of the main departmental ministers such as the Lord Chancellor, the Home Secretary, Foreign Secretary, Defense Secretary, Lord Privy Seal and so on. Besides the members of the cabinet there are non-departmental ministers who are the government members, but not of the cabinet and are second by prestige among their colleagues. The cabinet plays main role in the state and political life of the country. Exactly the cabinet, not the parliament, possess the real power.
The ruling party tries to have an absolute majority in the parliament. Otherwise so called by-election may be a help under the proposal of the Prime Minister.
A typical feature of the English political formation is a “two party” system. The development of two parties was the result of the unity of industrial bourgeoisie (Whigs) and landlord aristocracy (Tories). The parliament reform of 1832 held under the pressure of masses had led to significant changes. The class face of the parties had been changed and each other for hundred years. Then in 1923 the Labor party had taken the place of the Liberals who had passed the crisis and became the opposition of the Conservative party.
At the parliamentary election held in 1997 the Labor party defeated conservatives and formed the government aimed to change radically the constitution. This is relevant to the Parliament of the GB – their intentions are to turn the upper chambers (The House of Lords) into elective legislative body with “national” lords to be elected by lot as it is for juries.
The Supreme Court and the High Courts of Justice
The Supreme Court of England and Wales, presided over by the Lord Chancellor includes 3 independent judicial institutions (courts): the Court of Appeal, the High Court of Justice and the Crown Court.
The Court of Appeal consists of Criminal and Civil divisions, and the panel of three or more judges hears appeals against the decisions (judgments) of other courts. There are Lord Chancellor, former (ex) Lords Chancellors, Lord Chief Justice (the chairman of the Queen’s Bench Division of the High Court) and other officers of the High Court and also up to 18 Lords Justices of Appeal in it. The High Court of Justice has 3 divisions: the Queens Bench Division, the Chancery Division and the Family Division. It includes the Lord Chancellor and other High Court officers and also 80 ordinary judges. (далее не редактировалось)
Cases in divisions of the High Court of Justice are tried by judges on their own, appeals – by the panel (коллегия) of 2 or 3 judges. In Queen’s Bench Division cases may be heard by jury in particular situations.
The Crown Court, organized in 1971, investigates cases of offenders and appeals against decisions of magistrate’s courts verdicts with participation of jury. Considered a single court, the Crown Court regularly conducts sessions in districts with centers in largest cities of England and Wales. Jury sessions are usually run under the head of justice and 12 juries.
According to the Criminal Justice Law (1967) instead of jury concurrent for finding somebody guilty the majority of voices (10 from 11-12) is acceptable. Not guilty verdicts taken by jury are not subject to appeal. Justices from High Court of Justice, district justices and recorders (lawyers who play as justices in combining job) act as justices in Crown Court. Justices and recorders share investigation of appeal claims with 2-4 justices of peace. All described courts refer to the category of High Courts of Justice.
The distinguishing feature of English legal system is that the practicing legal profession in England is divided into two main groups: barristers and solicitors. There is no such division outside the UK and countries of the British Commonwealth of Nations. In other countries all professionals lawyers, this term is out of use in England. The division of lawyers started in 1340, when profession of barrister started to develop.
Separation of barristers from solicitors was protected by Inns of Court. Barristers had to be members of Inns of Court, and after XVI century Inns of Court refused to affiliate attorneys and solicitors.
Thus, the division of lawyers has its historical basis (roots) and depends on nature of functions of barristers and solicitors. Barristers still are mainly lawyer appear in a court, though in fact, most of time they spend for «writing», that is for preparing pleadings, divorce applications and conclusions on difficult questions like fiscal law and stock company law.
Solicitors deal with preparing work: collect facts, examine witnesses, issue orders and so on. Solicitors are limited in public performances in courts. They participate in proceedings (hearings) in county courts, magistrate’s courts and in some of Crown Court, and in matters of bankruptcy of High Court.
Barristers appear in courts (except magistrate’s courts) in wig and gown. Solicitors appear in gown only in some courts, but always without wig. A client with a legal problem must always approach a solicitor – barristers do not deal directly with members of public, but only through the intermediary of a solicitor.
Правозаступники
Distinction of English legal system is the dividing of legal profession into two branches – solicitors and barristers, which isn’t known outside the Great Britain and countries of the Commonwealth. In other countries professionals are called as lawyers, but this term isn’t usually used in England. The dividing of legal professions started in 1340 when professional Bar began developing.
Inns of Court protected the separation of barristers from solicitors. Barristers must have been members of Inns of Court which refused to attorneys and solicitor to be there as well after the XVI century.
So the dividing of legal profession has historic backgrounds and depends on the functions of barristers and solicitors. Generally barristers conduct cases in courts though most time they spend on preparing pleadings, divorce writs, difficult calculations and conclusion on special issues such as tax law and law of stock companies.
Solicitors usually do such preparations as collection of evidences, examinations of witnesses, giving of warrants and they also participate in preparatory stage of trial. Solicitors have limited rights to public performance in court. They take part in hearing the case in county courts, magistrates’ courts, some sessions of Crown Court and tribunals, and cases of bankrupts which are heard in the High Court of Justice.
Barristers appear in courts (except Magistrates’ courts) in wigs and gowns, but solicitors never wear wigs and can appear in gowns only in some courts such as county courts. So clients come to solicitors for pleading the case, but barristers can plead the case only through the solicitor and not by client himself.
Legal profession in England (2)
Functions of litigant representatives in civil trial, defense in criminal cases are performed by advocates, who are divided into 2 groups: barristers and solicitors in England.
Barristers – are lawyers, who have the sole right to conduct cases in the higher courts (as solicitors they can also conduct cases in the lower courts). A barrister is required to have reached an accepted educational standard, to have passed the legal examinations conducted by the Council of legal Education and have become a member of the Inns of Court.
Barristers have relations with many traditional authority and restrictions. They must deal with client only through solicitor, wear gown and wig. More experienced and with a substantial junior practice barristers may apply to the Lord Chancellor for a patent appointing him Queen’s Counsel. Corporation of barristers is headed by Senate and Barrister’s Counsel
Solicitors are much larger category of lawyers. They give advice to their clients, prepare hearing civil and criminal cases in their client’s interests, and represent their clients in the lower court.
Inns of courts are headed by Law Society. A prospective solicitor (the professional organization of solicitors), must have law education; pass the necessary examinations held by the Law Society and The term of articles lasts for 2 years. A prospective solicitor must be considered suitable by the appropriate committee of the Law Society and he must enter into “articles of clerkship” with a practicing solicitor of High Court before he can begin his professional career. The Law Society approves the list of solicitors and in order to have the opportunity practice as solicitor, a prospective solicitor must be in that list and have the certificate of practicing solicitor.
Законодательство
Following Common Law and Equity, Legislation is the third source of British law. Nowadays Legislation is the prime force of legal system reform and is also becoming the main source of British Law due to its tendency and codification. Moreover, almost all norms concerning the structure and jurisdiction of modern courts and its procedures are statute. Probably, it will be right to say that Law includes the huge number of different details while most principles of British Law come from Common Law and Equity.
Legislation as the Law differs from Common Law and Equity in some ways. Common Law and Equity limited by precedents and can only create new precedents changing and broadening already existing ones, but Legislation can exercise new principles of law without any referring to existing principles and even can repeal them which can’t be done by either Common Law or Equity. It is main advantages of legislation as prime force of legal system reform.
And finally, Legislation is the source of Law itself in contrast to other historical sources of Law, Common Law and Equity, which can’t be confirmed only by referring to other judicial documents, especially precedents. That’s why it is very important to interpret the statutes right, because the contain of the law depends on the interpretation of words of this law.
County Courts and Magistrates’ Courts
County Courts and Magistrates’ Courts are lower courts in England and Wales. County Courts (of which there are) are the main civil courts, which deal with about 90% of civil cases of the first instance. The border of district, in which county courts are fixed by the Lord Chancellor. He can abolish, unit or establish new county courts. Every county court has one or two constant judges. Jurisdiction of county courts is limited by dimension of suit. Cases In county courts are headed by Circuit judges or Recorders in the most cases alone or with jurors if the judge satisfy the petition about it from the legislation. The sentences of the county courts can be appealed in the court of appeal but only with agree of court, which reach the sentence.
Magistrate’s courts try (without jurors) criminal cases. They can sentence the convicts to pay off a fine or to commit to prison. A magistrate’s court may transfer sentencing to the crown court if the magistrates believe that their own sentencing powers
The magistrates conduct preliminary investigation into more serious offences to determine whether there is sufficient evidence to commit the accused to trial in the crown court. Civil jurisdiction of magistrate’s courts are limited and a large percentage of magistrates’’ cases are the trial of collection of debts and some family law issues.
Magistrates sometimes called justies of the piece
They try cases in collegiate form by two three judges. There are also stipendiary magistrates, who are lawyers and sit alone. Some magistrates courts try juvenile offences in collegiate form and one or two of the required three justices must be female. This court try case of offence, committed by teenagers or young people age 21.
Суды графств и магистратские суды (GB)
County courts and magistrates’ courts.
The lower courts of Great Britain are county courts and magistrates’ courts.
County courts (of which there are 350) are the main civil courts and deal with a 90 % of all civil cases in the first instance. The jurisdiction of the county court is determined by (set by, established by) the Lord Chancellor. He also has a right to abolish, unite or establish new county courts. Every county court usually has one or two permanent judges. The jurisdiction of county court is restricted (limited) comparing to the High Court which also deals with civil cases of the first instance, the amount of suit (case) which differs and depends on the category (kind) of suit (for instance, the case under the 5000 L. on suits from contracts).
In County Courts cases are heard by the district judge or by the recorders who normally sits alone or with juries if judge approves the petition ( the number of juries is usually more than 8 people). County court’s decisions can be appealed against in the Court of Appeal only with the permission of the county court and
only when it comes to the question of rights (matter of rights) but not to the matter of facts.
Magistrate courts hear (without juries) the great bulk of minor criminal cases (up to 98% per year). They only can fine accused person or send him to jail for up to 6 moth. If magistrates decide that accused person deserves even (?) more severe punishment they give that case to the Crown Court. Magistrates also hold (deduct) preliminary hearings (? They hear the case) of cases of accused facts. During those procedure they may decide if there are enough evidences to send an accused person to the Crown Court.
Civil jurisdiction of magistrates is extremely limited and connected tightly with investigation of controversy (debate) about loan’s paybacks and, sometimes family cases.