-
英国
The
Ministry was created on 9 May 2007 by detaching
parts of the Home Office and
merging
them with the Department for Constitutional
Affairs
Minister
responsible is called
Secretary of State for Justice, and
Lord
Chancellor(
司法
大臣
)
Sources of British
Law:
英国法律的来源
1
There is no single legal system in
UK
:
(没有统一的法律体制)
The sources of law include: Common Law,
Statute Law, Case Law, European Union
law
2 British
Constitution :
英国宪法
A.
Although
much
of
the
Constitution
is
written
down,
it
is
not
systematically
codified into
one single document.
B.
The
British
Constitution
is
composed
of
3
parts:
Statutory
law,
Common
law,
Conventions
C. Statutory law
is the most important and takes precedence over
the others if there is
a clash
Common law has
never been precisely defined. It is deduced from
custom or legal
precedents and
interpreted in court cases by judges.
Conventions are rules and
practices which do not exist legally, but are
regarded as
vital to the working of
government.
D
.
the
Constitution is subject to interpretation by
different bodies, the most important
being politicians, judges, and
scholars.
Judiciary system
in the UK
The
Constitutional Reform Act 2005
1.
The House of Lords used
to be the supreme
court.
(上议院曾是最高法院)
New Supreme Court
(最高法院)
of the
United Kingdom in Oct. 2009 will
serve
as
the
highest court of
appeal
from
the courts of
England and Wales and of
Northern
Ireland
and for
civil
cases
from the Court of Session of
Scotland.
The Ministry of Justice
(
司法部
):
Court of Appeal
(上诉法院)
,
High Court
(高等法院)
,
Crown Court
(刑事法院,王权法院,皇冠法院)
,
Magistrates'
Courts
(治安法院
)
, and
County Courts
(郡法院
)
Not having a single unified judicial
system:
England and Wales have one
system, Scotland another, and Northern Ireland a
third.
Judiciary is headed by Lord
Chancellor.
Unitary System of
Government(
单一的政府体系
)
1. Similarities
Britain
China
Legislature
Parliament
NPC&SC
Executive
Cabinet
State Council
Judiciary
House of Lord
SPC
2. Differences
Britain
China
Head
of
the
State
Hereditary
Monarch
Non-Political
Elected
by
NPC
Political
Leading Party
two-party system
Multi-party cooperation
Judiciary
house
of
Lords
Supreme
people
’
s
Court
&
Supreme
people
’
s
Procuracy
The Senior Court of England and Wales
(高级法院)
1. Used to
be the Supreme Courts of England and Wales before
Reform Act 2005
2. is the most
important superior court
3. Is
composed
(组成)
of:
Court of Appeal, High Court of Justice and Crown
Court.
1) The Court of
Appeal:
(上诉法院)
A.
dealing only with appeals from other courts
包括:
a. the Civil
Division
(民事部门)
: hearing
appeals from the High Court and
County
Court and certain superior tribunals
b.
the
Criminal
Division
(刑事法庭)
:
hearing
appeals
from
the
Crown
Court
connected with a trial
on indictment
2) The High Court of
Justice:
(高等法院)
A.
a
civil
court
of
first
instance
and
a
criminal
appellate
court
for
cases
from
the
subordinate courts
包括:
a. the
Queen's Bench
(王座庭)
,
b. the Chancery
(
大法官庭
), and
c. the Family divisions
(家庭庭)
3) The
Crown Court
:法院
a. a criminal court of both original
and appellate jurisdiction
b. a limited
amount of civil business both at first instance
and on appeal.
c. It is the
only court that has the jurisdiction to try cases
on indictment
d.
when
exercising
such
a
role
it
is
a
superior
court
in
that
its
judgments
CANNOT be reviewed
by the Administrative Court of the Queen's Bench
Division of
the High Court.
Subordinate
courts:
Magistrates'
Courts,
Family
Proceedings
Courts,
Youth
courts,
and County Courts.
The courts of
Scotland
fall into two systems:
civil courts and criminal
courts
.
1.
Civil Courts:
The House of Lords, The Court of Session
(
会审法庭)
, The
Sheriff
Court
(
郡法庭
), Other minor local
courts or tribunals
2.
Criminal Courts: The High Court of
Justiciary (
高等司法法院
), The
Sheriff Court,
District Courts
The Court of Appeal in
Northern Ireland is highest court of Northern
Ireland.
The
High
Court
in
Northern
Ireland
is
split
into
three
divisions:
Queen's
Bench
Division, Family Division and Chancery
Division.
The Crown Court
in Northern Ireland hears more serious criminal
cases. These are
indictable offences
and
“
either
way
”
offences
which are committed for trial in the
Crown Court rather than the
magistrates' courts.
The County Courts
are the main civil courts.
Magistrates' Courts
are the subordinate courts.
Recent History of British
Economy
Economic decline:
After World War II, the British economy
experienced a period of
great
difficulty and relative economic
decline.
The
cause:
?
two World
Wars
—
great economic loss
?
the
era
of
the
British
Empire
was
over
—
< br>decolonization
(losses
of
raw
material & market)
?
military
expense
(until
the
process
of
decolonization
completed
in
the
1960s)
The policies:
?
―mixed economy‖
?
an
economy
in
which
there
is
some
public
ownership
as
well
as
privately owned business
?
During the 20th
century the government has become involved in the
economy
through introduction of social
welfare policies and laws to regulate industrial
relations.
以下是采取的经济手段
1945-1979
In 1945 the Labor
party
(工党)落后
A.
carried out drastic reforms
B. laid the foundation for postwar
British social and economic development
Result: Britain’s economic
growth fell behind t
hat of western
European countries
1979- 1997
1979-1997 Conservative Party
(保守党)落后
Margaret
Thatcher
A. Radical economic reform:
a. sell back those industries to the
private sector beat inflation (primary objective)
b. Promote competitive spirit in
economy
welfare reduced
Result: Britain’s economic growth still
lagged behind
1997
In 1997 the Labor party Tony Blair
复苏
A. the
“
Third
Way
”
: differ from the old
the Labor
party
’
s nationalization
reform
and the conservative
party
’
s extreme
individualism
a. made the Bank of
England independent
b. emphasized on
the minimum wage and supplementing low incomes
c.
emphasized individual responsibility
Result:
Britain’s economic
growth surpassed other major European
countries
Current British Economy
1.
the world's fifth largest economy(after US, Japan,
Germany and China)
2. The UK's people
are the world's twelfth richest
3.
Sterling
—
performed
relatively well against major currencies in recent
years
Principal
resources
—
oil and gas(in the
North Sea, on the coast of Scotland)
Large amount of coal (kept for future
use)
Highly developed & efficient main
road and rail network and airports
Secondary Industries
第二次工业革命
1.
important, 22%
national wealth;
2.
Active in all major fields,
particularly in Pharmaceuticals ( Glaxo-Wellcome);
3.
Chemicals: ICI
the second largest paint manufacture;
4.
Aerospace: the
Concord, the Anglo-French supersonic airliner;
5.
Food and
drink: Scottish whisky;
6.
Electronics industries: the fourth in
the world;
7.
Motor
–
racing
business:
Formula
One,
the
American
Indycar
series,
McCLaren and Williams;
8.
British Steel
: the fourth largest steel company;
9.
Other
manufacturing industries.
Scotland is
also a major producer of computers
. The
so-called
Silicon Glen
between
Britain was a
pioneer in the development of nuclear power
plants,
opening the world's
first
commercial-scale power
station in
northwestern England in
1956.
(最早的电
站)
The world's first public
railway
was the
Stockton and
Darlington
, which opened in
1825.
3 Big producers of energy
:
Shell, British Petroleum (BP), British Gas (BG)
Services
industries,
especially,
business
and
financial
services
—
the
strongest
performing sector
in the UK economy
London
—
the
strongest
performing region
in the UK
The London foreign exchange
market is the largest in the world.
London
is
the
world's
largest
fund
management
centre,
and
the
leader
in
the
management
of overseas clients non-domestic portfolios.
The currency of Britain is the British
pound. The currency code is GBP (Great
Britain pound).
The
one-pound
coin
has
4
different
designs:
an
English
one,
a
Scottish
one,
a
Northern Irish one, and a Welsh one (on
which the inscription on the side is in Welsh;
on all the others, it is in Latin).