NCJ Number
60698
Date Published
1976
Length
4 pages
Annotation
THE LAW ADMINISTERED BY COURTS IN BRITAIN DERIVES FROM LEGISLATION MADE BY PARLIAMENT, UNWRITTEN OR COMMON LAW, AND, SINCE ACCESSION TO THE EUROPEAN COMMUNITY, COMMUNITY LAW (ESSENTIALLY CONFINED TO ECONOMIC MATTERS).
Abstract
THIS OVERVIEW OF THE BRITISH LEGAL SYSTEM STATES THAT ALTHOUGH BRITAIN IS A UNITARY STATE IT DOES NOT HAVE A SINGLE BODY OF LAW APPLICABLE WITHIN ITS BOUNDARIES. INSTEAD, ENGLAND, WALES, SCOTLAND, AND NORTHERN IRELAND EACH HAVE THEIR OWN DISTINCTIVE LEGAL SYSTEMS. A FEATURE COMMON TO ALL SYSTEMS, HOWEVER, IS THE DISTINCTION BETWEEN CRIMINAL LAW (CONCERNED WITH WRONGS AGAINST A COMMUNITY AS A WHOLE) AND CIVIL LAW (CONCERNED WITH THE RIGHTS, DUTIES, AND OBLIGATIONS OF INDIVIDUAL MEMBERS OF THE COMMUNITY). DIFFERENCES BETWEEN CRIMINAL AND CIVIL LAW ARE OUTLINED AND ADMINISTRATION OF JUSTICE IS DISCUSSED. THERE IS NO MINISTER OF JUSTICE IN BRITAIN. INSTEAD, IN ENGLAND AND WALES, RESPONSIBILITY FOR ADMINISTRATIVE MATTERS RESTS PARTLY WITH THE COURTS, PARTLY WITH THE LORD CHANCELLOR, AND PARTLY WITH THE HOME SECRETARY. THE HIGHEST JUDICIAL APPOINTMENTS IN BRITAIN ARE MADE BY THE CROWN ON THE RECOMMENDATION OF THE PRIME MINISTER. OPERATION OF THE LAW REQUIRES THE COOPERATION OF JUDGES WITH WHOM THE DECISION OF DISPUTED CASES RESTS, THE OFFICERS OF THE COURTS WHO HAVE FUNCTIONS OF AN ADMINISTRATIVE NATURE IN THE COURTS, AND THE BARRISTERS AND SOLICITORS WHO REPRESENT THE INTEREST OF THE PARTIES TO A DISPUTE. CRIMINAL COURTS IN ENGLAND AND WALES INCLUDE MAGISTRATES' COURTS, THE CROWN COURT, AND THE COURT OF APPEAL. CIVIL COURTS INCLUDE OVER 300 COUNTY COURTS AND THE HIGH COURT OF JUSTICE, AS WELL AS THE COURT OF APPEAL (CIVIL DIVISION). SPECIAL COURTS INCLUDE JUVENILE COURTS, ADMINISTRATIVE TRIBUNALS, COURT MARTIAL, AND CORONERS' COURTS. SECTIONS ON LEGAL AID AND LAW REFORM CONCLUDE THE DOCUMENT. (MJW)