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British Political System

British Political System.

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British Political System

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  1. British Political System

  2. The United Kingdom is a constitutional monarchy, the head of state is a king or a queen. The United Kingdom is governed, in the name of the Sovereign by His or Her Majesty’s Government. The System of parliamentary government is not based on a written constitution, the British constitution is not set out in any single document. It is made up of statute law, common law and conventions. The Judiciary determines common law and interprets statutes.

  3. I．The Monarchy • 1.Elizabeth II, her title in the United Kingdom is “Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. • 承上帝洪恩的大不列颠及北爱尔兰联合王国及其他领土和属地女王，英联邦元首，国教（圣公会）的捍卫者伊丽莎白二世

  4. 2.The Queen is the symbol of the whole nation. In law, She is head of the executive, an integral part of the legislature, head of the judiciary, the commander-in-chief of all the armed forces and the “supreme governor” of the Church of England. She gives Royal Assent to Bills passed by parliament.

  5. 3.The monarch actually has no real power. The monarch’s power are limited by law and Parliament. Constitutional monarchy began after the Glorious Revolution in 1688.

  6. II．Parliament • 1.The United Kingdom is a unitary, not a federal state. Parliament consists of the Sovereign, the House of Lords and the House of Commons.

  7. 2.The main functions of Parliament are: (1) to pass laws； (2) to provide, by voting for taxation, the means of carrying on the work of government； (3) to examine government Policy and administrations, including proposal for expenditure； and (4) to debate the major issues of the day.

  8. 3.The House of Lords is made up of the Lords Spiritual and the Lords Temporal. The main function of the House of Lords is to bring the wide experience of its members into the process of lawmaking. In other words, the non-elected House is to act as a chamber of revision, complementing but not rivaling the elected House.

  9. 4.The House of Common is elected by universal adult suffrage and consists of 650 Members of Parliament (MPs). It is in the House of Commons that the ultimate authority exists.

  10. 5.Britain is divided 650 constituencies. Each of the constituencies returns one member to the House of Commons. A general Election must be held every five years and is often held at more frequent intervals.

  11. 6.Britain has a number of parties, but there are only two major parties. These two parties are the Conservative Party and the Labour Party. Since 1945, either the Conservative Party or the Labour Party has held power.

  12. III.The Cabinet and Ministry • 1. The Prime Minister presides over the Cabinet, is responsible for the allocation of functions among ministers and informs the Queen at regular meetings of general business of the Government. Cabinet members hold meetings under the chairmanship of the Prime Minister for a few hours each week to decide Government policy on major issues.

  13. 2. Ministers are responsible collectively to Parliament for all Cabinet decisions； individual Ministers are responsible to Parliament for the work of their department.

  14. IV．The Privy Council • 　　枢密院 • 1. The Privy Council was formerly the chief source of executive power in the state and give private advice to the King. So the Privy Council was also called the King’s Council in history. Today its role is largely formal, advising the sovereign to approve certain government decrees.

  15. 2. Its membership is about 400, and includes all Cabinet ministers, the speaker of the House of Common and senior British and Commonwealth statement.

  16. V．Government Department and the Civil Service • 1. The principal Government department main includes: the Treasury, the House of office, the Foreign and Commonwealth office, the Ministry of Defense…

  17. 2. Members of the Civil Service are called Civil Services. They staff government departments. Civil Servants are recruited mainly by competitive examination. Civil servants do not belong to any political party. Changes of Government do not involve changes in departmental staff, There are about 541800 civil servants in Britain now.

  18. VI．Local Government • 1. There are two main tiers of local authority throughout England and Wales: counties and the smaller districts. Now, England and Wales are divided into 53 counties which are sub-divided into 369 districts. • 2. Greater London is divided into 32 boroughs.

  19. Justice and the law • There is no single legal system in the United Kingdom. A feature common to all systems of law in the United Kingdom is that there is no complete code. The sources of law include (1) statutes； (2) a large amount of “unwritten” or common law； (3) equity law； (4) European Community. Another common feature is the distinction made between criminal law and civil law.

  20. I．Criminal Proceedings • 1. In England and Wales, once the police have charged a person with a criminal offence, the crown Prosecution Service assumes control of the case reviews the evidence to decide whether to prosecute.

  21. 2. In Britain all criminal trial are held in open count because the criminal law presumes the innocence of the accused until he has been proved guilty beyond reasonable doubt. The prosecution and the defense get equal treatment. No accused person has to answer the question of the police before trial.

  22. He is not compelled to give evidence in count. Every accused person has the right to employ a legal adviser to conduct his defense. If he can not afford to pay, he may be granted aid at public expense. In criminal trial by jury, the judge passes sentence, but the jury decided the issue of guilt or innocence. The jury composed of 12 or ordinary people. If the verdict of the jury can not be unanimous, it must be a majority.

  23. 3.A verdict of “ not guilt” means acquittal for the accused, who can never again be charged with that specific crime. • “无罪”裁决意味着被告无罪，并且永远不得再以此罪名对其指控。

  24. II. Criminal Courts • 1. Criminal Courts in England and Wales • Magistrates’ Courts which try summary offences and “either way” offences. A magistrates’ court, which is open to the public and the media, usually consists of three unpaid “lay” magistrates-known as justices of the peace-who are advised on point of law and procedure by a legally qualified assistant. A Magistrates’ court sits without a jury. • 治安（警事）法庭，负责审理判决犯罪，也审理“任意方式”罪行。治安法庭对公众和媒体公开，通常由三位无薪的“外行”地方官——地方治安官组成，由懂得法律知识的书记员和助手给他们提供法律规定和程序方面的建议。治安法庭审察时没有陪审团。

  25. The Crown Court tries the most serious offences and ‘either way” offences referred to it by magistrates. The Crown Court is presided over by High Court judges, full-time circuit Judges and part-time Recorders England and Wales are divided into six circuits for the purpose of hearing criminal case. Each circuit is divided into areas containing one or more centers of High Court and Crown Court. • 　皇家刑事法庭。负责审理最严重的罪行和由地方法官提交的“任意方式”罪行。皇家刑事法庭由高级法院法官，全职巡回法官和兼任刑事法官主持。为审理刑事案，英格兰和威尔士被分为六个巡回区，每个巡回区又分区域，每个区域有一个或多个高级法庭和皇家刑事法庭。

  26. There are three criminal courts in Scotland.（1）the High Court of Justiciary；(2) the sheriff court；(3) the district court. Scotland has two types of criminal procedure, known as solemn procedure and summary procedure. In solemn procedure, a defendant is tried by a judge without a jury. • 　英格兰有三种刑事法院：（1）高级法院；（2）郡法院；（3）区法院。英格兰有两种刑事诉讼：庄重诉讼和即决诉讼。庄重诉讼里，被告由陪审团和法官审理。在即决诉讼中，法官独自审理，不用陪审团。

  27. 3. Criminal courts in Northern Ireland • Cases involving minor summary offences are heard by magistrates’ courts presided over by a full-time legally qualified resident magistrate. County courts are primarily civil law courts. The Crown Court deals with criminal trails on indictment. • 　涉及轻微即决犯罪的案件由治安法庭听审，法庭由全职的法律合格的常驻治安法官主持。郡法庭主要是民事法庭。皇家刑事法庭根据起诉进行刑事审判.

  28. III．Civil Courts • 1. Civil Courts in England and Wales • Magistrates’ Courts have limited civil jurisdiction, The main courts of civil jurisdiction are County Courts, the High Court deals with the more complicated civil case. Its jurisdiction covers mainly civil and some criminal cases. It has three divisions: (1) the family Division； (2) the Chancery Division； (3) the Queen’s Bench Division. • 　治安法庭只有一定的民事审判权。主要行使民事司法权的是民事法院，高等法院处理更为复杂的民事案。主要包括民事案和一些刑事案，高等法院有三个分支：（1）家事庭；（2）娃哈哈官庭；（3）王室庭。

  29. 2. Civil Courts in Scotland • The Civil Courts are the sheriff court and the Court of session. • 民事法院包括郡法院和巡回法院（最高中心法院）。

  30. 3. Civil Courts in Northern Ireland • County Court are primarily civil law courts. The magistrates’ court also deal with certain limited classes of civil cases. The high Court of Justice the superior civil law court. • 　郡法院主要是民事法院。治安法庭也审理某些有限类型的民事案件。高等法院就是高级民事法院。

  31. IV. The Judiciary • There is no ministry of justice in the United Kingdom. Central responsibility lies with the Lord Chancellor the Home Secretary and the Attorney General. In England and Wales, lay magistrates are appointed on behalf of the Crown by the Lord Chancellor who is advised by committees in each county. The Lord Chancellor recommends the High Court and circuit judges. The highest judicial appointments and made by the Queen on the advice of the Prime Minister. • 　英国没有司法机构。中央政府的司法工作主要由娃哈哈官内政大臣和检察总长负责。在英格兰和威尔士，娃哈哈官根据各部委员会的建议任命外行人员为治安官。娃哈哈官推荐高等法官和巡回法官。最高级别的司法官任命由女王根据首相的建议做出

  32. V. Police • The police service for United Kingdom is organized and controlled on a local basis under the Home Secretary and the Scottish and Northern Ireland Secretaries. London’s Metropolitan Police Force is directly under the control of Home Secretary. Police officers are not allowed to join a trade union or go on strike. They do not normally carry firearms. • 　在内政大臣和苏格兰及北爱尔兰国务大臣的指导下，英国警察分地组建，并以地方管理为基础。但伦敦警察署直接与内政大臣管辖。警察不得加入工会或罢工。他们通常不佩带手枪。

  33. VI. Treatment of offenders • 　对违法者的处理 • The chief aims of the penal system are to deter the potential lawbreaker and to reform the convicted offender. • 刑罚制度的主要目的是阻止潜在的违法者，并改造已判的违法者。

  34. Capital punishment ( a sentence of death ) for murder has been abolished in the U.K, through proposal for its reinstatement are regularly debated by Parliament, and it remains the penalty for treason and piracy. • 英国已废除对谋杀罪的死刑，但议会仍经常辩论要恢复死刑，判国罪和海盗罪仍可判死刑。

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