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The legal system in the UK

The legal system in the UK. Patrícia Máleková. The study of law divides law into: Public law – relates to the state, concerned with laws, which govern processes in local and national government and conflicts between the individual and the state (areas

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The legal system in the UK

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  1. The legal system in the UK Patrícia Máleková

  2. The study of law divides law into: • Public law – relates to the state, concerned with laws, which govern processes in local and national government and conflicts between the individual and the state (areas such as immigration and social security) • Private law – is concerned with the relationships between legal persons (individuals and corporations) • Private law includes – family law, contract law, property law

  3. In legal practise in the UK is more important distinction of law into: • Civil law – concerns relationships between private persons, their rights and duties. Also concerned with conduct, which may give rise to a claim by a legal person for compenstaion or an injuction – an order made by the court • Criminal law – deals with certain forms of conduct, for which the state reserves punishment (murder or theft). The state prosecutes the offender.

  4. SUBSTANTIVE LAW • Creates, defines or regulates rights, liabilities and duties in all areas of law • It is contrasted with procedural law – which defines the procedure by which a law is enforced

  5. THE CONSTITUTION OF UK • The head of state is the monarch • The government carries the authority of the Crown • Westminister Parliament has got two chambers: • The House of Lords – under substantial reform, replacing hereditary peers • The House of Commons – elected body of members • There is no written constitution • Constitutioanl law consists of : statute law, common law and constitutional conventions

  6. Jurisdiction In the UK 4 countries and three different Jurisdictions – England and Wales Scotland, Northern Ireland All share a legislature in the Westminister Parliament for making new laws and have common law tradition

  7. Each has its own: Hierarchy of courts Legal rules Legal profession Wales and Northern Ireland – each have their own Assembly Scotland – Scottish members of parliament, they have got power to legislate on any subject not specifically reserved to Westminister Parliament (defence or foreign policy)

  8. JURISDICTION UK is the signatory of The European Convention of Human Rights This fact is incorporated in UK law

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