Comparative Law Spring 2003Professor Susanna FischerENGLISH LEGAL SYSTEMENGLISH LEGAL PROFESSIONApril 10, 2003

U.K.: Constitutional Hereditary Monarchy

Head of State – the Queen (Queen Elizabeth II)Appoints bishops to Church of England, Chief Justice, highest ranking members of armed forcesCeremonial and integrating roleSee: http://www.royal.gov.uk/output/Page1.asp

UK - PARLIAMENTARY SYSTEM (Westminster Model)

Parliamentary systems, unlike presidential systems, typically do not have a separation of powers between the legislative and executive branches. Prime Minister (chief executive) is usually elected to the legislature like other members. PM is leader of the party that wins the majority of votes to the legislature (either de facto, or in some cases through an election held by the legislature). For link to FAQ on Parliament see: http://www.parliament.uk/faq/faq.cfm

PARLIAMENTARY SYSTEMS

Prime Minister appoints Cabinet Ministers who are generally legislative members from the ruling party or ruling coalition. Thus, in a parliamentary system, the constituency of the executive and legislature are the same. If the ruling party is voted out of the legislature, the executive also changes.Need for cooperation between executive/legislative for govt to survive and operate effectively.

CABINET

Meets once a week in 10 Downing StreetSee list of ministers in Her Majesty’s Government at: http://www.number-10.gov.uk/output/Page1371.asp

PRIME MINISTERTony BlairMP for SedgfieldLeader of Labor party Election after 18 years in Opposition (age 43)Won again in 2001Wife: barrister Cherie Booth QCSee: http://www.number-10.gov.uk/output/page4.asp

Removing PM from Office

Parliamentary system – 1. No confidence motion 2. By PM’s party voteFrench Semi-Presidential System 1. National Assembly can pass motion of censure forcing PM and government to resign 2. President can remove PM 3. President can dissolve National Assembly (not Senate). President can’t be removed before term expires

Elections

Centrality of political parties

Single member district-plurality system (first-past-the-post system)- effective in securing a majority government.

In 1997, Labour won 43.2% of national vote, but this secured 63.6% of seats in the parliament. Liberal Democrats won 16.8% of votes, with only 7% of seats in the House of Commons.

Source of Law: StatutesStatutes are made by Parliament:House of Lords – reforms: in 1999 hereditary peers reduced from 750 to 92; second stage reform to come: appointed? Elected? Hybrid?House of CommonsWhat is parliamentary sovereignty?See Ruth Rendell, The Blood Doctor, at: http://search.barnesandnoble.com/booksearch/isbninquiry.asp?pwb=1&ean=9781400045044

Making an Act of Parliament

How are parliamentary statutes made?

Delegated Legislation

What is delegated legislation?Why is it necessary?What are some criticisms of it?

Judicial Review

Can the validity of a parliamentary statute be challenged by a court?Delegated legislation?

3 Main Types

Statutory InstrumentsBye-lawsOrders in Council

English Legal Profession

JudiciarySolicitorsBarristers

English Legal Profession

JudiciarySolicitorsBarristersCompare judicial selection to the French system and the U.S. systemHow are judges trained in England?How can a judge’s appointment be terminated? How can judges be disciplined?

Judicial Independence in England?

What are some of the main questions that have been raised about judicial independence?

Questions Concerning Judicial Independence

Narrowness of ethnic background, sex, and age of judgesSecretive and discriminatory appointment processLimited trainingInsufficient procedures for criticism and dismissalPolitical system limits judicial independenceRight-wing bias?Influence of FreemasonryLack of specialization

English Judiciary

See Charles Yablon, Wigs, Coifs and Other Idiosyncracies of English Judicial Attire, Cardozo at: http://www.cardozo.net/life/spring1999/wigs/

The Lord Chancellor

Lord Irvine of Lairg

MAJOR TYPES OF ENGLISH LAWYERS

SolicitorsBarristersThere are also Public Notaries, who are solicitors or law students who pass the Notarial Practice exam and undertake a period of supervision

BARRISTERS

How many barristers are in private practice in England and Wales?What is the function of a barrister?What is a QC?Governing body: Bar Council – see http://www.barcouncil.org.uk/What legal work do barristers do?

CHAMBERS

What are Chambers?

INNS OF COURT

What are the Inns of Court?Middle TempleInner TempleGray’s InnLincoln’s inn

INNER TEMPLE GARDEN

INNER TEMPLE CROQUETMembers wishing to play croquet should collect the keys to the garden and the croquet shed from the Gardener. You should sign your name down when you take the key.

HOW DOES ONE BECOME A BARRISTER?

3 TRAINING STAGES

ACADEMICVOCATIONALPUPILLAGE