英国政治制度.doc

英国政治制度

国会
君主
上议院
下议院
内阁
国会议员
宗教领袖
世袭贵族
终身贵族
保守党
工党
自由民主党
徽标


Parliament
Sovereign
the House of Lords
the House of mons
the Cabinet
MPs (Members of Parliament)
religious leaders
hereditary peers
life peers
the Conservative Party
the Labor Party
the Liberal Democratic Party
Emblem

n The British Government
© Constitutional monarchy (君主立宪制）
Ÿ The Monarch reigns but doesn't rule.
Ÿ The rights of the Monarchy, as formality and historical legacy, are strictly restricted by a set of laws
Ÿ Power:
the Crown (non-democratic) →aristocratic Lords → the House of mons (with a powerful Prime Minister)
Ÿ A process of democracy:
political party →extension of the universal franchise →the development of local government and devolution

© The Constitution
Ÿ a set of rules and conventions
Ÿ No Written constitution
Ÿ Multiple documents:
Statute law (成文法);
mon laws;
Conventions
Ancient documents
European Union law
The European Convention on Human Rights
Ÿ Characteristics:
Constitutional Monarchy
Parliamentary sovereignty (parliamentary authority unlimited)
Representative democracy
The rule of law (people are subject to law, not to the will of governors

© The Monarchy
The King/Queen (ceremonial duties; signing papers)
Ÿ Legislative:
Summon, or dissolve Parliament
Give Royal Assent to bills
Ÿ Judicial
Pardon赦免
Personal Immunity豁免 (not the Crown)
Ÿ Executive
Confer peerages and knighthoods
Appoint important government positions (government, military, Church) on the advice of the PM
Ÿ Foreign affairs
Listens to PM and others’ reports
Ÿ Cultural: national unity, morality and continuity of history
Symbolic functions: “Britishness” of Britain
Ceremonies

© Parliament
Ÿ The supreme legislative body
Ÿ Three parts: the Crown, the House of Lords, the House of mons
Ÿ Functions
Law-making (create, abolish, amend)
Vote the taxation
Determine revenue and expenditure of government
Examine government policies and administration
Debate major political issues of the day
Ÿ Each parliament fives years (one session a year )(October or November)
Ÿ Prime Minister’s Questions (Every Wednesday) （首相质询）
Ÿ the State Opening of Parliament (议会开幕)
The “Queen’s Speech” by the Government to Parliemant

© House of Lords (the Upper House)
Ÿ Lords Spiritual (神职贵族）：religious leaders (archbishop 大主教 and bishop 主教)
Ÿ Lords Temporal （世俗贵族）：hereditary peers and life peers
Ÿ Law Lords
Ÿ Nobel titles: duke (公）, marquis（侯）, earl/count（伯）, viscount（子）, baron（男）
Ÿ Lord Chancellor (the most important official in the legal system of England and Wales. He is also the speaker of the House of Lords and an important member of the UK government )大法官，上议院议长
Ÿ Power much reduced:
a place of discussion and debate
delay the passage of bills approved by the mons up to a year
the highest court of appeal

© House of mons (the Lower House)
Ÿ 650 seats (England 523, Scotland 72, Wales 38, Northern Ireland 17)
Ÿ MPs: elected by people of their constituencies ( 选区） in a general election （大选）
Ÿ Prime Minister (leader of the party with the majority of seats) and the Cabinet
Ÿ The Leader of the Opposition (the head of the largest defeated party) and the Shadow Cabinet
Ÿ The government (Party) and the Opposition (Party)

© What do MPs do
Ÿ Questions time (government ministers)
Ÿ From a motion to a bill to an Act (3 readings)
on a topic, proposal or motion);
from motion to a bill (first reading),
to amended and improved version of the bill (2nd reading)
Improve the wording
Third reading
Goes to Upper House
Goes to Monarch
An act of Parliament (law)

© Government
Ÿ Unitary government (单一制）
Three tiers of governments
– Central government

(Local government)
– County government (shires)
– District government (cities, boroughs自治市, towns)
Central Government
Ÿ His (or Her) Majesty’s Government
Ÿ Prime Minister: tremendous power
presiding over the Cabinet
Allocating functions among ministers
meeting with the Queen
Representing the UK at major international events
Ÿ Ministers
Ÿ Cabinet：the major decision-making body; 20 Ministers
Ÿ Collective responsibility （集体负责制）
Ÿ Civil servants (politically neutral)(500,000) (cannot be candidates for Parliament or support any party)
Ÿ Whitehall and No. 10 Downing Street
Local Government
Ÿ Counties councils (53)
Ÿ District councils (369)
Ÿ Locally elected but controlled by laws and policies established by the central government

© Devolution责权下放
Ÿ Since the late 1990s
Ÿ The powers of the central government over local affairs
↓devolve to
the Scottish and Welsh local legislatures
Ÿ A Scottish parliament (129 Ms) (1997)
Ÿ A Wales assembly (60 Ms) (1997)
Ÿ Northern Ireland assembly (108 Ms) (1998)

© Political parties
Ÿ 1. The Liberal Democratic Party (middle)—(Whigs辉格党 1679)—the Liberal Party 1815—the Liberal Party+the Social Democratic Party＝the Liberal Democratic Party 1988
Ÿ 2. The Conservative Party (right)
--1688, Tories →the Conservative Party 1815
supports private enterprise and minimal state regulation
-- accepts the mixed economy (private ownership of businesses with some government control.
-- believe in a governing class with a natural right and special privileges
Ÿ 3. The Labor party (Left, middle and lower middle classes)
-- 1900 unionists, liberals, socialists
--believes in socialism (class cooperation) to promote munal growth
--demands economic equality
--supports nationalization of big enterprises
-- believes in the supervision of industry by the government/ distribution of wealth/ equal opportunity for everyone
Emblem and Colour:
Ÿ the Conservatives: a blue torch
Ÿ Labour: a red rose
Ÿ the Liberal Democrats: a yellow bird.

© A two-party system of government (since 1945)
Ÿ Conservative Party:
supporter:
from the richer sections of society
landowners and business people.
People living in the south of England and rural areas
1951-64; 1970-74; 1979-97; May 11, 2010 up to now
(David Cameron )(Theresa May13/7/2016)
Ÿ Labour:
Supporters:
working class people
middle class people who believe in socialist ideals.
People who live in the north of England and in urban areas
1945-51; 1964-70 1974-79; 1997-2010
(Tony Blair 1997-2007, Gordon Brown)

© Elections
Ÿ 650 constituencies (2010)
Ÿ One MP each constituency
Ÿ British citizen, citizens of other monwealth countries and the Republic of Ireland living in UK; 18 or over
Ÿ Candidate of the party; independent candidate
Ÿ Ballot (秘密投票）
Ÿ The simple majority system (vs absolute majority)简单多数原则
Ÿ Hung Parliament 悬浮议会 1974／2010（no one party has an overall majority) (a minority or coalition government联合政府）
Ÿ PMs after World War II
(see photos from left to right, top to bottom)
Tony Blair
John Major
Margaret Thatcher

James Callaghan
Edward Heath
Harold Wilson
Sir Alec Douglas-Home
Harold Macmillan
Sir Anthony Eden
Clement Attlee
Sir Winston Churchill
Neville Chamberlain
Judiciary System of UK
© Words and Expressions
¡ mon law 普通法，习惯法，判例法
¡ Precedent 先例
¡ Statute law 成文法
¡ Criminal law 刑法

¡ Civil law 民法
¡ Criminal court 刑事法院
¡ Civil court 民事法院
¡ The Crown Court 巡回刑事法庭
¡ The County Court 郡法院
¡ The High Court 高等法院
¡ Tribunal 特别法庭
¡ Magistrates’ court 执事法院
¡ Magistrate 执事官,治安官
¡ Offence （具体的）罪行
¡ Summary offences 简易判决罪
¡ Indictable-only offences 可起诉的罪行
¡ The suspect 犯罪嫌疑人

¡ The defendant/accused/offender 被告
¡ The plaintiff/accuser/原告
¡ Charge 指控
¡ Convict 定罪
¡ Prosecute 公诉
¡ Appeal 上诉
¡ Appeal court 上诉法庭
¡ The Crown Prosecution Service (the CPS) 皇家公诉机关
¡ Jury 陪审团 juror 陪审员
¡ Verdict 判决
¡ Sentence 判刑
¡ Acquit 宣告无罪
¡ Plaint 控诉
¡ Solicitor 小律师，事务律师，初级律师， 诉讼律师，沙律师
¡ Barrister 大律师，辩护律师，高级律师，出庭律师，巴律师
¡ Plead 辩护
¡ Legal redress 法律救济
¡ The Appellate mittee of the House of Lords 上诉委员会
¡ The Lord Chancellor 大法官
¡ The adversarial system 对抗制
© Parliament
n In the United Kingdom, the institution responsible for making laws, discussing major issues affecting the country and raising taxes is called________. The three parts of Parliament, the ______ (i.e. king or queen), the House of ______ and the House of_______, meet together only on special occasions. Although the agreement of all three is required for laws to be passed, that of the king or queen is now given without_______.
n Although the king or queen remains ______ of the kingdom, the responsibility of the sovereign in policy-making and administration has been gradually ______ over the past 3-4 centuries and government of the country is now in the hands of a ______, presided over by a ___________. Since the 19th century, the Government has been the political _______with the most members in the House of ______, and the leader of that party has been the ___________.

© The Judicial System
Ÿ Separate Legal Systems:
England and Wales
Scotland and Northern Ireland
Ÿ The supreme executive body of the law:
The House of Lords
The Lord Chancellor
The Department for Constitutional Affairs and the Home Office (内政部）
No Ministry of Justice (司法部）

© The Rule of Law
Ÿ Everyone is bound by the law
Ÿ All persons are equal before the law
Ÿ The officials and institutions of the state
↓maintain
Law and order
Ÿ Legal redress for everyone with plaints
Ÿ The law and legal processes and personnel: independent from political interference
Ÿ
© Sources of Law
mon Law System:
Ÿ The principle of “precedence” (先例）：The court will follow the precedents in previous legal cases.
Ÿ There should be as much certainty in the law as possible.
Ÿ The creation of new precedents: the House of Lords
mon Law
Ÿ Statute Law: formal written laws passed by the Parliament
Ÿ European Union Law: since 1973. economic and social matters. (EU law over British domestic law)

© The Court System
Ÿ Criminal law: the rules for citizens and acts punishable by the state (theft, murder)
Ÿ Civil law: the relationships and transactions between private parties, individuals, organizations, or panies (disputes such as pensation for loss or damage)
Ÿ Administrative law: a special sort of civil law concerning the interactions of citizens with the state

Ø Criminal Courts
magistrates’ Courts → the Crown Court
Minor criminal offences Serous offences
summary offences indictable-only offences
(theft, vandalism ) ( rape, murder)
magistrates a judge and a jury of 12
（JPs Justices of the Peace)
→the Court of Appeals for the Criminal Division →the House of Lords

Ø Civil Courts:
County Courts → High Court
90% civil cases more plicated civil cases
1 judge, no jury 1-3 judges, no jury
→the Court of Appeals for the Civil Division → The House of Lords

In Scotland
n Criminal Courts:
District Court → Sheriff’s Courts
lay Justices of the Peace the Sheriff or with a jury of 15
→ the Court of Justiciary
n Civil Court:
Sheriff’s Courts → The higher Court of Session → the House of Lords

The House of Lords:
The Appellate mittee of the House of Lords:
appeals from the courts in England, Wales and Northern Ireland, and in civil cases from Scotland
Other Courts:
Tribunals(特别法庭）: informal and cheap (disputes between private citizens or/and public authorities) e.g. sex discrimination; unfair dismissal from work, etc.

© Judicial Proceedings
Put six activities into the most logical order:
Prosecute 公诉
convict 定罪
Sentence 判刑
mit 犯罪
arrest 逮捕
charge 指控
The Legal Process
n Arrest
A person may be arrested and held for questioning at a police station on suspicion of mitting an offence for a maximum of 24 hours without charge, unless a senior police officer thinks more time is needed in the investigation of a serious offence. The accused normally has a right to be represented by a solicitor.
n Charge
When the police are satisfied they have enough evidence, the suspect is charged with the offence. For serious offences, the suspect will be held on remand in prison before trial. For less serious offences, the suspect will be allowed home on bail. For minor offences, the accused may be released with a police caution.
n CPS
The Crown Prosecution Service was established in 1986 to ensure uniformity over decisions to prosecute. Roughly 2,000 solicitors and barristers operate the CPS and it is their decision whether the police have enough evidence to have a better than even chance of securing a conviction.
n Magistrates Court
All cases begin in a magistrates court, and most of them are tried here. However, magistrates are limited in the sentences they can hand down (maximum: 6 months), and more serious offences are sent up to crown court. Defendants may also choose to have trial by jury; these cases are also referred to Crown Court.
n Crown Court
This is above a magistrates court and is presided over by the judge. His or her job is to direct the twelve members of the jury so they understand the elements that make up the offence. After hearing all the evidence, it is then up to the jury to decide whether the defendant is guilty. The judge then hands down the sentence.

© The Adversarial System
Ÿ A lawyer represents the prosecution and the other represents the accused
Ÿ Both sides call for witnesses in support of their case in order to establish the defendant’s innocence or guilt
Ÿ A person is innocent until proven guilty
Ÿ No truth, only evidence before the judge and the jury

© Lay people – Basic principle of involvement of lay people as magistrates or as jurors
n Magistrates
Lay people play a major part in the administration of justice through the 28,000 lay magistrates. People who are respected and responsible members of their local munity are selected to serve as magistrates, known in the past as Justices of the Peace, in county courts within the area in which they live. They are not paid for the work and they are not professionally trained in the legal system but they do undergo some part-time training.
n The Jury
This is the other way that the public is involved in the process of justice and all criminal trials in the Crown Courts and the Old Bailey (High Court) are held before a judge and jury.

© The jury
Ÿ All criminal trials in the Crown Courts and the High Court are held before a judge and jury
Ÿ A group of ordinary citizens (12, 15 in Scotland): drawn from a cross-section of the public and selected at random
Ÿ Decide whether an accused person is guilty or innocent
Ÿ Cannot ask questions in court; to listen impartially to the evidence from all sides
Ÿ A unanimous agreement of guilty or not guilty.
Ÿ Very rare in civil cases

© Solicitor and Barrister
Ÿ Solicitor:
The general legal work:
paperwork
representin