Section 46 Legal System in General
(1) Although Britain is a unitary state, England and Wales,
Scotland and Northern Ireland all have their own legal systems,
with considerable differences in law, organization and practice.
However, a large amount of modern legislation applies
throughout Britain. The law is divided into criminal law and
civil law; the latter regulates the conduct of people in ordinary
relations with one another. The distinction between the two is
reflected in the procedures used, the courts in which cases may
be heard and the sanctions which may be applied.
(2) The legal system of England and Wales comprises both an
historic body of conventions known as common law and equity,
and parliamentary and European Community legislation.
Common law, which is based on custom and interpreted in
court cases by judges, has never been precisely defined or
codified. It forms the basis of the law except when superseded
by legislation. Equity law consists of a body of historic rules
and principles which are applied by the courts. The English
legal system is therefore distinct from many of those of Western
Europe, which have codes derived from Roman law.
(3) European Community law, which applies throughout
Britain, is confined mainly to economic and social matters; in
certain circumstances it takes precedence over domestic law. It
is normally applied by the domestic courts, but the most
authoritative rulings are given by the Community's Court of
Justice.
Section 47 Judiciary in General
(1) The judiciary is independent
of the executive; its
judgments are not subject to ministerial direction or control.
The Prime Minister recommends the highest judicial
appointments to the Crown.
(2) The Lord Chancellor is head of the judiciary, except in
Scotland. His responsibilities include court procedure and the
administration of courts.
Section 48 Criminal Courts
(1) Summary or less serious offenses, which make up the vast
majority of criminal cases, are tried in England and Wales by
unpaid lay magistrates - justices of the peace (JPs), although in
areas with a heavy workload there are a number of full-time,
stipendiary magistrates. More serious offenses are tried by the
Crown Court, presided over by a judge sitting with a jury. The
Crown Court sits at about 90 centers and is presided over by
High Court judges, full-time 'circuit judges' and part-time
recorders.
(2) Appeals from the magistrates' courts go before the Crown
Court or the High Court. Appeals from the Crown Court are
made to the Court of Appeal (Criminal Division). The House of
Lords is the final appeal court in all cases.
Section 49 Civil Courts
(1) Magistrates' courts have limited civil jurisdiction. The 286
county courts have a wider jurisdiction; cases are normally tried
by judges sitting alone. The 80 or so judges in the High Court
cover civil cases and some criminal cases, and also deal with
the appeals. The High Court sits at the Royal Courts of Justice
in London or at 26 district registries. Appeals from the High
Court are heard in the Court of Appeal (Civil Division), and
may go on to the House of Lords, the final court of appeal.
Section 50 Tribunals
(1) Tribunals are a specialized group of judicial bodies, akin to
courts of law. They are normally set up under statutory powers
which also govern their constitution, functions and procedure.
Tribunals often consist of laypeople, but they are generally
chaired by someone who is legally qualified. They tend to be
less expensive, and less formal, than courts of law.
(2) Independently of the executive, tribunals decide the rights
and obligations of private citizens towards one another or
towards a government department or other public authority.
Important examples are industrial tribunals, rent tribunals and
social security appeal tribunals.
(3) In many cases there is a right of appeal to a higher tribunal
and, on points of law, to the courts. Tribunals do not normally
employ staff or spend money themselves, but their expenses are
paid by the government departments concerned. An
independent Council on Tribunals exercises general supervision
over many tribunals.
Section 51 European Courts
(1) The Court of Justice consists of 13 judges. It interprets and
adjudicates on the meaning of the treaties and on measures
taken by the Council of Ministers and the Commission. It also
hears complaints and appeals brought by or against Community
institutions, member states or individuals and gives preliminary
rulings on cases referred by courts in member states. It
represents the final authority on all aspects of Community law.
(2) The Single European Act of 1986 provided for a Court of
First Instance to relieve the Court of Justice of a substantial part
of its workload. The new court began working in 1989.