Английский язык в сфере юриспруденции (топики для экзамена) / 1легал систем зе UK

The Legal System of the UK

Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organization and practice.

However, a large amount of modern legislation applies throughout Britain. The legal system of England and Wales comprises both a historic body of conventions known as common law and equity, as well as statute law and European Union legislation.

Common law, which is based on custom, made and interpreted in court cases by judges, forms the basis of the law except when superseded by legislation.

Equity law is a system of law or body of principles originating in the Englesh Court of Chancery; it consists of a body of historic rules and principles which are applied by the courts.

Statute law consists of Acts of Parliament and acts of delegated legislation. Delegated legislation, also referred to as secondary legislation, is made by a person or body to whom Parliament has delegated its law-making power, eg. loy executive organs.

After Britain joined the European Union, European Union law become a source of the law in the United Kingdom. Brussels well demand the invocation of European Union law when solving disputes, but the UK has been unwavering: No European Court of Justice (ECJ) involvement post-Brexit.

For historical reasons, the UK does not have a single unified legal system. The UK of 3 legal jurisdictions made up of 4 centuries:

• England and Wales

• Scotland and

• Northern Ireland

Each having their own court system and legal profession. In England and Wales, civil and criminal cases are heard in the main court system, while administrative law cases are mostly heard in tribunals specific to the subject.

Summary or minor offences, which make up the vast majority of criminal cases, are treed in magistrate’s courts by unpaid lay magistrates-justices of the peace, although in some areas there are a number of full-time, stipendiary magistrates.

The Crown Court deals with more serious criminal cases such as murder, rape or robbery, some of which are heard on appeal or referred from magistrates courts. Trials are heard by a judge and a jury of 12 people.

The County Court deals with minor civil matters, such as: claims for debt repayment, breach of contract, housing disputes, ets. The High Court of justice hears higher level civil disputes (commercial matters, torts, family cases, ets) within three division Chancery Division, Queen`s Bench Division, and Family Division.

Tribunals are a specialized group of judicial bodies, e.g industrial tribunals for employment disputes, and tax tribunals.

In order to separate legislative and judicial powers in the country, the Constitutional Reform Act 2005 established the Supreme Court of the UK to replace the Appellate Committee of the House of lords. The new court started to operate in October 2009.

From any court in the system, reference can be made to the European Court of Justice. The European Court of Human Rights enforces the European Convention on Human Rights.