Group of 12 everyday men and women with no exclusive information, picked out rendom to act as impartial judges. The jury is suggested by the decide on the applicable law and they have to ducude if the defendant is guilty or not guilty (criminal situations). In civil situations, if the defandant is lible to the plaintiff the choice is identified as – verdict
The parliament is supreme, it can enact any law it wishes. No authority , like the courts. Has the energy to concern the validilty of the legislation.
Speration of powers
one. executive – to implement the legal guidelines
2. legislatiure – to make the law
3. judiciary – to interprae and take a look at the law
the courtroom may declare thet the administrative actes ultra vires the british courtroom can not take a look at the deserves of the law.
It forms the foundation of administrative law. Control the romance involving the courts, community administrative bodies and the unique citizens.
Juducual review dos not allaw the courts to examuine the deserves if admunisrative motion. It can declare that the physique actes ultra vires, whan a physique acted un an unlawfull way. Frands yoy judicial review, also: one) unreasonbleness 2) incorect preocedare 3) energy been used in a negative religion, or inappropriate reason.
English legal system
English law is based on the common law tradition. Common law is a system of decide produced law which is develeping over the yrs threough the decusions of jodges. The judical precedents are significant resource of law in the english legal system.
The judges only on the foundation of the evidance offered to them by the parties- this is identified as adversaial system.
Soliciter/barrister – solicetor can oppear in lower courts, but not in increased courts. The barrister anly provides situations in courts.
Frequent law and fairness
The most significant department of fairness is the law of trusts, but equitable therapies this sort of as specipic preformance and injuction are also a lot used. In situations of conflict involving the ruls of fairness and the ruls of common law, the rols of fairness should prevail.
Equity produced because in a lot of sitiuation there was no legal treatment evailable at comman law. The reason of fairness is to achive justice. Applying the maxims fairness .
Equity maxims for example:-
one. fairness will not soffer a erroneous to be witout a treatment. It will intervene when there is no commaon law treatment.
2. he who arrives to fairness have to appear with clean up arms. A litigant who has behaved unfarly will be denied.
3. equiuabale remedis will be granted, the courtroom will look at each and every unique case.
The rule of law
The rule of law reguires that all energy and authority in the state be derived (??????) from law and ide that: equality before the lew.
Ultra vires – beyand the energy of his authority.
Sovereignty – is the claim to be the best political authority, matter to higer energy and ready to make and implement political choice without possessing to search for permission from any ather physique.
Structure – most nations in the earth have a prepared structure, which is set of ruls which define the romance involving the verious organs of the government and citizens of a region. Its reason is to set parameters of government energy and the rights and dutues of is citizens.
British structure – they have no prepared constitotion in the sens of a doc, it is versatile structure and adjust can be accomplished by easy act of parliament.
Statutes – are the main resource if the part-prepared structure and the main resource of constitutional law in britian. Statutes are soperior. Like the primary legal guidelines in israel. There are the statute law produced by parliament, and prevalent kaw which is produced by decisins of the courts.
Constitutional monarcy: the british monarcy has few (if any) political powers, the quean is ceremonial head of the state, the queen invitations the chief of the majarity party to type a government.
The monthly bill of rights (1688): sets out the principal rights attained by purliaments and the country as the consequence of the 17th century constitutional struggles.
thanks to jammer about his opinion listed here.