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The UK system of government and law

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Apuntes de la lección

Distinguish Parliament’s parts and work

  • The UK Parliament comprises the House of Commons, House of Lords and monarch. Commons MPs are elected; the Lords scrutinises legislation and government without a comparable public election of its membership.
  • The monarch is head of state and gives Royal Assent through constitutional arrangements. The Prime Minister heads government: Parliament, government and the monarch have related but different roles.

Separate parliamentary and government roles

Separate parliamentary and government rolesPart or roleCore workCommonsElected MPs; legislation and scrutinyLordsLegislative revision and scrutinyMonarchHead of state; formal Royal AssentPrime MinisterHead of government; leads Cabinet

Explain government and scrutiny

  • The Prime Minister leads the Cabinet; ministers and departments develop and carry out policy, with impartial civil-service advice and administration. Ministers generally sit in Parliament, creating executive/legislative overlap.
  • The Official Opposition is the largest Commons party outside government. Questions, committees and debate enable scrutiny by government and opposition members; PMQs is one regular opportunity while the House is sitting, not the whole accountability system.

Identify scrutiny and administration

Identify scrutiny and administrationBody or activityRoleCabinetSenior government decision-makingCivil serviceImpartial advice andadministrationOfficial OppositionLargest Commons party outsidegovernmentQuestions andcommitteesRoutes for parliamentary scrutiny

Explain checks and the rule of law

  • Legislative, executive and judicial functions concern legislation, policy/administration and adjudication. The UK has overlap, especially ministers in Parliament, while judicial independence protects decisions from political direction in individual cases.
  • The rule of law involves lawful, accountable power and access to justice. Original imagined case: a council decision is challenged as beyond its legal powers; the appropriate court considers legality, rather than simply choosing its preferred policy.

Explain a check on power

Explain a check on powerFunctionTaught distinctionLegislatureLegislation and scrutinyExecutivePolicy and administrationJudiciaryIndependent adjudicationUK overlapMinisters also sit in Parliament

Follow the normal bill-to-Act route

  • A bill proposes a new law or change. The normal route includes first reading, second reading on principles, committee scrutiny, report, third reading, equivalent stages in the other House and consideration of amendments before Royal Assent.
  • Royal Assent makes the bill an Act; particular provisions may start immediately, later or in stages under commencement arrangements. Not every bill starts in the Commons, needs a referendum or follows the ordinary route without exceptions.

Read the normal legislative route

Read the normal legislative routeStagePurposeReadingsIntroduction, principles and finalconsiderationCommittee/reportDetailed scrutiny and furtherconsiderationOtherHouse/amendmentsNormal consideration and agreement oftextRoyal AssentBill becomes an ActCommencementWhen provisions start operating

Separate criminal and civil proceedings

  • In the England-and-Wales overview, criminal proceedings concern an alleged offence; civil proceedings can concern rights or disputes such as an unpaid contractual debt. Some events can give rise to both, so classify the actual claim rather than only the subject matter.
  • Police investigate, prosecutors decide/present appropriate cases, and the court determines the case. The CPS is independent and operates in England and Wales; it neither determines guilt nor handles every prosecution throughout the UK.

Classify the actual proceeding

Classify the actual proceedingOriginal practice exampleIntroductory classificationProsecution for analleged offenceCriminal proceedingClaim for an unpaidcontractual debtCivil disputePolice investigationNot itself a finding ofguiltSame event; differentclaimsMay raise both criminal andcivil issues

Use the correct trial roles and standard

  • In England and Wales, magistrates conduct initial criminal hearings and try less serious cases; the most serious are sent to the Crown Court. Magistrates’ courts have no jury. A Crown Court jury trial normally starts with 12 jurors; the judge directs law and, after conviction, sentences.
  • The prosecution usually must make the fact-finding tribunal sure of guilt; the defendant is presumed innocent. A charge, prosecution decision or suspicion is not a conviction, and beyond reasonable doubt is not a fixed percentage.

Keep England-and-Wales trial roles distinct

Keep England-and-Wales trial roles distinctRole or stageResponsibilityPoliceInvestigate alleged crimeProsecutionPresent the case; usual duty toprove guiltFact-findingtribunalMust be sure before finding guiltCrown Court judgeDirects law; sentences afterconviction

Respect jurisdiction and appeal limits

  • The UK has distinct legal jurisdictions; the England-and-Wales court examples are not one identical UK ladder. Appeals depend on grounds, permission and the relevant route rather than every case automatically reaching the top court.
  • The Supreme Court is final for UK civil appeals and criminal appeals from England, Wales and Northern Ireland. Ordinary Scottish criminal appeals do not go there, though specified devolution/compatibility matters may fall within its jurisdiction.

Avoid an automatic UK appeal ladder

Avoid an automatic UK appeal ladderScopeImportant limitUK civil appealsSupreme Court is final appealcourtEngland/Wales/NIcriminal appealsSupreme Court has finalappellate roleOrdinary Scottishcriminal appealsNot a general Supreme CourtrouteEvery appealGrounds, permission andjurisdiction matter

Scope youth justice accurately

  • The checked age of criminal responsibility is 10 in England and Wales. A youth court is a special magistrates’ court normally for 10–17-year-olds; it has no jury and different arrangements from an adult criminal court.
  • Some serious cases go to the Crown Court, so not every defendant under 18 is tried to verdict in a youth court. Ages, procedures and sentencing differ by jurisdiction; the England-and-Wales example should not be generalised to Scotland or Northern Ireland.

Scope youth justice to England and Wales

Scope youth justice to England and WalesConceptChecked overviewCriminalresponsibilityFrom 10Youth courtSpecial magistrates provisionnormally ages 10–17JuryNo jury in youth courtSerious casesSome go to the Crown Court

Locate council responsibility and funding

  • In England, council responsibilities vary between two-tier and unitary arrangements; services can include waste, libraries, social care and specified education functions. Find the authority responsible rather than assume every council directly runs every school or service.
  • Council Tax helps fund local services in Great Britain; Northern Ireland uses domestic rates. Funding also comes from other sources, and decisions remain subject to legal powers, scrutiny and appropriate complaints or challenge routes.

Locate the responsible council

Locate the responsible councilCheckReasonCouncil typeServices differ between tiers/unitaryauthoritiesSpecificserviceIdentify who has the responsibilityGreat BritainCouncil Tax helps fund local servicesNorthernIrelandDomestic rates rather than Council TaxLegal powerDecision must be within lawful authority

Diapositivas

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Preguntas de práctica

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  1. 1.What is Parliament?

    Easy
    • Athe UK legislature comprising Commons, Lords and the monarch
    • Bonly the Cabinet and its departments
    • Conly the Supreme Court
    • Donly one local council
  2. 2.What is a bill?

    Easy
    • Aan invoice
    • Ba tax
    • Ca court order
    • Da proposal for a new law or to change an existing law presented to Parliament
  3. 3.What is an Act of Parliament?

    Easy
    • Aa draft
    • Ba petition
    • Cprimary legislation enacted from a bill after the required process and Royal Assent
    • Da theatre show
  4. 4.What is Royal Assent?

    Easy
    • Aa petition
    • Bthe monarch's formal approval of a bill
    • Ca vote in the Commons
    • Da court ruling
  5. 5.What is the House of Lords mainly for?

    Easy
    • Ascrutinising/revising legislation and holding government to account
    • Belecting the Prime Minister
    • Crunning courts
    • Dcollecting tax
  6. 6.What is the executive?

    Easy
    • Athe courts
    • Bthe Lords
    • Cthe voters
    • Dgovernment institutions that develop and carry out policy and administer the law
  7. 7.What is the judiciary?

    Easy
    • Athe civil service
    • Bthe police
    • Cthe judges and courts
    • Dthe MPs
  8. 8.What is the legislature?

    Easy
    • Athe army
    • Bthe institution with legislative authority, such as the UK Parliament
    • Cthe courts
    • Dthe police

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