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英美概况3.doc

上传人:jianjian401 2017/7/26 文件大小:149 KB

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文档介绍: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 posed 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.
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