the Judiciary in England and Wales : Supreme Court and Court of appeal
Court different from tribunal:. In England, we will study the court system. Besides the judicial system of courts, In tribunal, there is a less formal procedure however judges witting in the tribunal are expecting to conduct themselves according the same principles of justice us by the court.They should apply same principles of justice. The procedure is quite different. Many tribunals were created for having very specialized judges: for instance, the employment tribunal.
The justification of the distinguishes system of the court is that These needs to dispute for instance between employee and employers the possibility to emigrate. .
A court to the contrary, is where the law is applied and constructed and the development of the court system has been so long that today it’s quite complicated to understand and also confusing sometimes. Unlike what happen in France which destroyed the court system there wasn’t such a big ban in England, we can trace the history of courts.
- Judicial system: complicated and confusing. We should avoid making some parallels between French courts and English courts. . It’s an exception in France.
The court of appeal:
The appeals are heard by the court of appeal or the Supreme Court.
Criminal division and civil division: both are based in London but they have occasional meetings as wear in England and Wales.
A) Who are the Court of Appeal judges?
They are the heads of the division; the judges sitting in the court of appeal are called the lord justices, the lady justices of appeal.
They are usually experienced judges with a long experience and the appointment is made by the queen on the recommendation of a selection panel convict by the judicial appointment conviction.
B) Both divisions:
Does a right to appeal exist? Is this a fundamental right to make an appeal of a decision?
Everyone is convicted, should have the right to appeal that decision. The law has been changed in France in 2000 =>courd’appeld’assises.
This isn’t how it is in England. Bringing an appeal in England is subject to obtain permission. . This is also the case in the USA but only for the Supreme Court, the Supreme Court may give authorizations.
– The criminal division hears appeals from the Crown court and usually the bench consists of
– The civil division
The Supreme Court:
– Oct 2009: the Supreme Court replaced the Appellate Committee of the HL (the Law Lords).
– They are 12 justices, they are called . Usually they are 5 maybe 7 but they aren’t 12.
=>For the whole of the UK in civil cases, and
=>in criminal cases for England, Wales and NI.
=>Cases on devolution matters
Some legislative powers have been devoluted.
- English legal system and difference with the civil law
- Distinction between Common law and equity
- Distinction between Common Law and statute law (written law)
- House of Lords, House of Commons and the parliamentary sovereignity
- The legislation : Source of English law
- Statutory interpretation
- Case Law and precedent in the English Legal System
- Stare decisis or the doctrine of binding precedent
- Judge-Made Law
- What is Equity in English Common Law Tradition ?
- Equity in the english legal system
- Custome Law and Soft Law
- Treaties : Ratification and Provisional Application
- Application of european law by English courts
- How does the European court of Human Rights affect the UK?
- Foreign Law in the English Courts : conflict of laws rule
- Lower courts : Magistrate’s courts, Crown court, county court
- High Court : Chancery and Queen’s Bench Division
- Supreme court and Court of appeal
- Lord Chancellor, lord Chief Justice (authorities of the judicial system)
- The independence of the judiciary in England and Wales
- Lawyers in the english legal system : Solicitors and Barristers
- English Law – English legal system