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  • British and American Legal System The Constitution Legislation Law enforcement

  • Constitutional LawConstitution law is the basic law of a country. It is a body of law dealing with the distribution and exercise of government power. It also relates to the study, practice, interpretation and administration of laws set forth by a countrys constitution. Common Law and Civil Law: two most popular legal system

  • Civil Law vs. Common LawCivil Law or Written Law is known as Continental European LawCivil Law is interpreted from legal papers rather than developed or made by judges as in Common Law. Whereas Common Law is used in UK and the USA. The basis of law in civil-law jurisdictions is statute, not custom.In civil law, judges apply principles presented in statutes in statutes, or law codes, rather than turning to case precedent.

  • Definition of Common Law legal system, judges, case law, precedential decisions, precedent (2), legislative statutes, bound, court, matter of first impressionCommon law is law developed by through decisions of .. and similar tribunals (also called .. ), rather than through or executive branch action. A "common law system" is a . that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past .. of relevant courts.

  • Definition (Continued)

    legal system, judges, case law, precedential decisions, precedent (2), legislative statutes, bound, court, matter of first impression If a similar dispute has been resolved in the past, the court is . to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating .. Thereafter, the new decision becomes precedent, and will bind future courts.

  • AnswerCommon law is law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts.

  • answer (cont) If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts.

  • Advantages of Common law Equity (fairness): people are treated equally, the same legal principles are applied to all people Expedient ():

    Efficient:

  • The British Constitution LawBritain is a constitutional monarchy and a parliamentary democracy. The British principles and procedures are not written down in a single document that can be referred to in a dispute.The British Constitution is based on statutes and important documents or case law, customs and conventions The Constitution can be modified by a simple Act of Parliament like any other law or by general agreement.

  • Constitutional monarchySystem of government in which a monarch shares power with a contitutionally organized government.The monarch may be the head of state of a purely ceremonial leader.The constitution allocates the rest of the governments power to the legislature and judiciary.

  • Parliamentary democracyDemocratic form of govt, the party (a coalition of parties) with the greatest representation in the parliament forms the government, its leader becoming prime minister (chancellor).The cabinet is appointed by the PM in exercising executive functions.Opposition parties (often the minority) have the duty to challenge the majority.The PM maybe removed from power whenever he loses the confidence of a majority of the ruling party or of parliament

  • The British Constitution Law (continued)It contains two main principles the rule of law and the supremacy of Parliament

    The constitutional safeguard of the seperation of powers between the Legislature, the Executive, and the Judiciary

  • The rule of LawLaw must exist, law should be obeyed by allLaws must be publishedLaws should be written with reasonably clarityLaw must avoid contradictionsLaw must not command the impossibleLaw must stay constantOfficial action should be consistent with the declared rule.

  • British Constitution (text) The British Constitution is an unwritten constitution, not being contained in a single legal document. It is based on statutes and important documents (ex: the Magna Carta), case law (decisions taken by courts of law on constitutional matters), customs and conventions, and can be modified by a simple Act of Parliament like any other law. It contains two main principles the rule of law and the supremacy of Parliament.

  • The British Constitution LawTask: complete the following table:Constitution of the United KingdomMain characteristic: ________________________________________Based on: ______________________________________________________Main principles: __________________________________________________________

  • Task: match the following terms with their correct definitionrule of lawseparation of powerssupremacy of ParliamentThere is no legal opposition to Parliament. Everyone is equal before the law. Laws are made, put into effect, and interpreted by different bodies.Everyone is equal before the law.Laws are made, put into effect, and interpreted by different bodies.

  • Translate into VietnameseWE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America(The United States Constitution)

  • The United States ConstitutionJuly 4, 1776 signed the Declaration of Independence1783, the Americans won their independence1786, a group of leaders met to discuss how to create a new system. They wanted a republic (i.e.not led by a king), a democratic government (a system based on the idea that all men are equal and that the government should represent all of the nations citizens)1789,UnitedStates Constitution was adopted.

  • American constitutional lawThe Constitution of the US divides the power of government into three coequal branches: legislative, executive, and judicial. Based on the doctrine of the separation of powers, whereby each branch of government has certain authority over the others, make sure these powers were not abused.In US constitution, the President has prominent role, he is the Head of State as well as Commander in Chief of the armed forces.

  • A Balance of Power(According to the Constitution) The three branches of Government: - Legislative branch: Congress (the Senate and the House of Representatives) - Executive branch: President and Vice Prsdt - Judicial branch: Supreme CourtChecks and balances: The Constitution gives each branch ways to limit the power of the other two. Ex: the President can veto (or block) laws passed by the legislative branch. However, if Congress gather enough votes, it can override the Presidents veto.

  • Look at the chart and say how the President, Congress and the Judiciary check one another

    Executive Branch: PresidentMay check the Judicial branchby Granting pardons to those who are convicted of federal crimesMay check Congress byVetoing bills passed by CongressSending messages to CongressAppealing to the peopleLegislative Branch: CongressMay check the President by-Impeaching the president-Overriding a veto-Refusing to approve presidentialappointments-Approving or failing to approve treatiesMay check the Judicial Branch by-Impeaching judges-Changing the number of justices on The Supreme Court-Proposing an amendment to the Constitution if the Supreme Court findsA law unconstitutional.

    The Judicial Branch: Supreme CourtMay check the President byInterpreting laws and treaties Ruling that laws and executive acts are unconstitutionalMay check Congress by-Interpreting laws and treaties -Declaring laws unsconstitutional

  • Legislation branch(decision making)

  • Legislation branch in UK and the USLegislation is the process of making and passing laws. Parliament is the supreme authority and consists of three elements: the Sovereign, the House of Lords and the elected House of Commons. In the US, the legislative branch of national government consists of two houses the Senate and the House of Representatives Discuss and explain how laws are made in Great Britain as well as in the US.

  • British legislatureParliament is the supreme legislative authority, consists of three separate elements: - the Sovereign - the House of Lords - the elected House of Commons.Queens role is only formal, the House of Commons has gained supremacy over the House of Lords.