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英美概况3

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2021-02-11 09:52
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2021年2月11日发(作者:launcher)


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).


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