UK legal system

Before you read think

- How many judicial systems do you think UK legal system comprises?

- Do you happen to know the difference between common and civil law?

-What could be a jurisdiction of Family Court or Queen’s bench?

Actually, there are three legal systems in The United Kingdom. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland. These legal systems are based on common-law principles. Scots law, which applies in Scotland, and thus the Scottish legal system is based on civil-law principles, with common law elements.

Common law was developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive action. In common law, the court is bound to follow the reasoning used in the prior decision if a similar dispute or precedent has been resolved in the past.

In civil law laws are codified, and not determined by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow.

Since October 2009 the Supreme Court of the United Kingdom is the highest court in the land for all criminal and civil cases in England and Wales and Northern Ireland.

In England and Wales, the court system is headed by the Supreme Court of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Courts of Northern Ireland follow the same pattern.

In Scotland the chief courts are the Court of Session [1], for civil cases, and the High Court of Justiciary [2], for criminal cases. Sheriff courts have no equivalent outside Scotland as these Courts deal both with criminal and civil caseloads.

The Judicial Committee of the Privy Council [3] is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies. It also hears cases concerning questions relating to the powers and functions of the devolved legislatures. The 'devolution' function will be transferred to the new Supreme Court.

There are also immigration courts with UK- wide jurisdiction — the Asylum and Immigration Tribunal [4]and Special Immigration Appeals Commission. The former was constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority. The Employment tribunals [5] and the Employment Appeal Tribunal have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination.

Civil courts

Civil cases at first instance are heard in the County Courts (for minor claims) or the High Court, which is divided into three divisions: Queen's Bench [6], Family and Chancery. Cases may be appealed to the Court of Appeal (Civil Division). Cases may be appealed from the County Court to the High Court.

The work of the Queen's Bench Division consists mainly of claims for: damages in respect of personal injury, negligence, breach of contract, libel and slander non-payment of a debt etc.

The House of Lords used to be the supreme court of appeal. Its judicial functions are quite separate from its legislative work, and cases are heard by up to 13 senior judges known as the Lords of Appeal in Ordinary [7], or Law Lords. It shares its function as the supreme appellate court with.

However the Constitutional Reform Act 2005 provides for the establishment of a Supreme Court to replace the judicial function of the House of Lords with an independent appointments system, thereby making a constitutional separation between the legislature and the judiciary.

Дата добавления: 2015-11-14