English legal system

Résumé du document

English legal system, cours de 25 pages en anglais



There is a difference between Englan and Britain. So why not british legal system? There is a question of english speaking countries. In Wales there ie two languages : Walesh and english. The institutions use the two languages but english legal system apply. If we limit english legal system to England it's too narrough. British expression commes from the same word of ?bretons? refers only to two parts of the english isles : England and Wales (annexed to England in 1284).

Extraits

[...] This procedure is called enactement. Chapter 1 : Parlement and the people Institution of Parlement The legislative powers gradualy devolved to a specialized institution, the Parlement. In 1265 the great charter was a document obtained from the King when the balence of the powers to barons. Due process of law model Parlement is the first assembly. XVth centuries communes allowed to prepare alone in protestation parlement has powers to bebate absolute all subjects. This protestation instituted this power execution of King Charles after a judgement of Parlement. [...]

[...] Presumptions: a statute can't run agaist a common law rule III) Rule of precedent When u look at the report of a case: very long (the longest 1000 pages) because in appeal cases, several judges give their opinions. They don't need to have a unanimous opinion, and is not anonymous. They can concur (etre d'accord) or discent. In their opinion, they don't only give the reasons for deciding but also talk around the case, examining variations of the case = obiter dicta (choses dites autour de l'affaire). Not binding force but persuasive force. The only binding element is the ratio decidendi. In case law, a rule of law emerges case by case. [...]

[...] Doesn't have single document which organise services. The Powers are distributed. The sources of law are Statue Law, Case Law, Convention. These rules are sources, destribute powers,n institues the exercice of poxers, provide for the way of body fonctions. The doctrine of parlementary This doctrine is the most important doctrine, rules of british institution. Parlement is the supreme legislator, law maker, he is unlimited in creation of law, he can create laws, abrogate his own laws. This power is uncompatible with the french sens of Consitution. [...]

[...] Change of the law had to be operated in Parliament. This doctrine = courts must observe precedents. But a case may be judge by many courts. Rule according to which this doctrine is to be applied in accordance of the hierarchy of the courts = decisions of high court are to be followed by a lower court. It means that the decision of the european court of justice bind (lier) all the courts of the UK. All the courts of the UK are bound by the decisions of the european court. [...]

[...] Today we say, it's more btwn public law (admi law, criminal law . ) and private law (law of obligations, company law, property law, intellectual law . ) The opposition is not absolute, there are civil cases tried by criminal courts and criminal cases, which on appeal are heard by civil courts. Both civil, criminal proceedings are adversarial in criminal proceedings, one has the same relationship btwn the parties as in civil proceedings france). The 2 parties in criminal proceedings are on the same footing (they stand in the same position in relationship to the judge, like in civil proceedings). [...]