Chapter 9 Justice and the Law November 2005 Xiao Huiyun COURT SERVICE
Chapter 9 Justice and the Law November, 2005 Xiao Huiyun
Pictures COURT ERVICE
Pictures
Tbe R oyal Courts of Justice
A1 ntroduction- Basic principles of*米米 English law What are the basic principles of english Law? Explain“ The rule of law”. What is the law that is higher than man-made law? What are the criteria? a What kind of orders are soldiers expected to disobey? Give examples Should the pilot who bombarded the chinese Embassy in Yugoslavia be punished for the atrocity Why or why not?
A 1 Introduction – Basic Principles of *** English Law ◼ What are the basic principles of English Law? ◼ Explain “The Rule of Law”. ◼ What is the Law that is higher than man-made law? What are the criteria? ◼ What kind of orders are soldiers expected to disobey? Give examples. ◼ Should the pilot who bombarded the Chinese Embassy in Yugoslavia be punished for the atrocity? Why or why not?
A 1 Introduction- Basic Principles of English law The rule of law, natural law and natural Justice The rule of Law is an aspect of the British Constitution It involves: The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities there can be no punishment unless a court decides there has been a breach of law Everyone, regardless of your position in society, is subject to the law
A 1 Introduction – Basic Principles of English Law ◼ The Rule of Law, Natural Law and Natural Justice ◼ The Rule of Law is an aspect of the British Constitution. ◼ It involves: ◼ The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities. ◼ There can be no punishment unless a court decides there has been a breach of law. ◼ Everyone, regardless of your position in society, is subject to the law
A 1 Introduction- Basic Principles of English law cont a Natural Law: a system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence(e.g, murder is wrong; parents are responsible for the acts of their minor children a Natural Law is higher than Man-made law. Eg Nuremberg War Crimes Trial a Natural Justice --reflections of prevailing moral view of society
A 1 Introduction – Basic Principles of English Law cont ❑ Natural Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children) ❑ Natural Law is higher than Man-made law. Eg. Nuremberg War Crimes Trial ❑ Natural Justice -- reflections of prevailing moral view of society
Basic principles The rule of law-mm-everybody is subject to the law ----laws must not be arbitrary -a person is innocent until proven guilty Natural law -a law is higher than a man- made law Natural justice----reflection of the prevailing moral view of the society A Century of Lawmaking
Basic principles ◼ The rule of law----everybody is subject to the law ----laws must not be arbitrary ----a person is innocent until proven guilty ◼ Natural law ----a law is higher than a man-made law ◼ Natural justice----reflection of the prevailing moral view of the society
a1 Introduction- Sources of british aw a Common Law -decided by judges, their decisions in cases being arrived at after considering the customs and practices of the people involved. This kind of law has evolved long before Parliament became the main law- making body a Statute Law-made by parliament Case Law-has evolved through decisions in actual trials ■ European Union law
A 1 Introduction – Sources of British Law ◼ Common Law – decided by judges, their decisions in cases being arrived at after considering the customs and practices of the people involved. This kind of law has evolved long before Parliament became the main lawmaking body. ◼ Statute Law – made by Parliament ◼ Case Law – has evolved through decisions in actual trials ◼ European Union law
a 1 The Supremacy of parliament Parliament can pass, repeal and alter any of Britain' s laws. this is one of the major powers that a government has Parliament also has the power- after going through its own parliamentary processes -of altering its own laws. In theory there is no body that can declare a law passed by Parliament as unconstitutional though the full impact of the European Court is not yet known. But decisions of the European Court must be accepted in UK
A 1 The Supremacy of Parliament ◼ Parliament can pass, repeal and alter any of Britain’s laws. This is one of the major powers that a government has . ◼ Parliament also has the power – after going through its own parliamentary processes – of altering its own laws. ◼ In theory there is no body that can declare a law passed by Parliament as unconstitutional - though the full impact of the European Court is not yet known. ◼ But decisions of the European Court must be accepted in UK
a 1 Introduction- Two branches of law Civil law -- defines and enforces the duties or obligations of persons to one another Criminal law a by contrast defines and enforces the obligations of persons to society as a whole
A 1 Introduction -- Two branches of law ◼ Civil law -- defines and enforces the duties or obligations of persons to one another. ◼ Criminal law -- by contrast, defines and enforces the obligations of persons to society as a whole