114 - Summaries - The legal system

The country [br] [am]
The people [br] [am]
Political institutions [br] [am]
Local government [br] [am]
Internat. relations [br] [am]
The legal system [br] [am]
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Education [br] [am]
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There are three legal systems operating in Britain: one in England and Wales, one in Scotland and one in Northern Ireland. The chapter basically deals with the legal system in England and Wales and only briefly mentions the situations in Scotland and Northern Ireland where this is necessary for contrasting purposes. Despite some differences, however, the legal principles and Westminster statutes applying to England and Wales are also generally applicable to Scotland and Northern Ireland. Importantly, as a result of British membership of the European Union, European law now takes precedence over British domestic law where there is a conflict between the two.

The chapter examines some fundamental aspects of English legal history and the sources of contemporary English law. The types of law are important and are applicable in Scotland and Northern Ireland as well. The rest of the chapter is based on the important distinction between criminal and civil law. It describes the court apparatus and legal procedure, including the appeal structure. Much of this material is concerned with criminal justice, since this is frequently more central than civil law in British society. As you read the chapter, you should note the importance of the appeal structure and the effects of recent miscarriages of justice. In October 2000 the British government incorporated the European Convention on Human Rights into the British constitution through the Human Rights Act. This is supposed to have the effect of increasing the number of cases taken to British courts and therefore a new and extended role of British judges. The Human Rights Act has consequently been subject to a lot of controversy.

· the functions and roles of the various criminal and civil courts at different levels; an outline knowledge of the procedure involved; the importance of the appeal courts

· the composition of the courts (e.g. magistrates in the Magistrates’ Courts and the judge and jury in the Crown Courts)

· the nature of criminal procedure and the role of punishment and law enforcement in British society, particularly note the role and function of the police forces. (Since the Macpherson report in 1999 there has been a great deal of debate on alleged racism in Britain’s police forces.)

· the composition of the legal profession in England and Wales, particularly the differences between barristers and solicitors and their respective rights and audience in the various criminal and civil courts. (Note that there have been reforms in this area.)

· public concerns, particularly on law and order (see Attitudes to the legal system at the end of the chapter)

The legal system is NOT an abstract feature, but affects many ordinary people in their everyday lives. The service function of the system is therefore as important as its control function.