British and American Legal System- The Constitution- Legislation- Law enforcement

Constitutional Law Constitution 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 country’s constitution.

Common Law and Civil Law: two most popular legal system

Civil Law vs. Common Law

Civil Law or Written Law is known as Continental European Law

Civil 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 impression

Common 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.

Answer

Common 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 Law

Britain 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 monarchy

System 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 government’s power to the legislature and judiciary.

Parliamentary democracy

Democratic 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 Law

Law must exist, law should be obeyed by all Laws must be published Laws should be written with reasonably

clarity Law must avoid contradictions Law must not command the impossible Law must stay constant Official 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 Law

Task: complete the following table:Constitution of the United Kingdom

Main characteristic: ________________________________________

Based on: ______________________________________________________

Main principles: __________________________________________________________

Task: match the following terms with their correct definition rule of law separation of powers supremacy of Parliament

There 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 Vietnamese

“WE 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 Constitution July 4, 1776 signed the Declaration of

Independence 1783, the Americans won their independence 1786, 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 nation’s citizens)

1789,UnitedStates Constitution was adopted.

American constitutional law

The 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 Court Checks 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 President’s 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 people

Legislative 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 by-Interpreting 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 US Legislation 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 legislature

Parliament is the supreme legislative authority, consists of three separate elements:

- the Sovereign - the House of Lords - the elected House of Commons. Queen’s role is only formal, the House of

Commons has gained supremacy over the House of Lords.

House of Commons (main function is to legislate) 650 MPs (members of parliament) – each represent

one of the 650 geographical areas. A by-election is held if an MP dies, resigns or is

made a peer. Leader of the Government and Opposition sit on the

front benches of the Commons, with supporters (back-benchers).

The House is presided over by the Speaker. Strong party system means the initiative in Govt lies

not with Parliament but with Govt (party members almost automatically pass whatever is put before them by their party)

The House of Lords

Is presided over by the Lord Chancellor It is made up of the Lords Spiritual and the

Lords Temporal (comprise all hereditary and life peers)

Can revise Bills sent to it by the House of Commons but it can only delay a Bill from becoming a law for a maximum of 12 months.

Question: which part (the House of Commons or the House of Lords) is more powerful?

Task: match the following terms with their definitions

1. constituency2. by-election3. back-bencher

a. special election held to fill an unexpected vacancy

b. electoral districtc. MP who does not hold office in government

or opposition

The U.S. Legislative Branch (The House of Representatives) Is the dynamic institution of the federal

government Lawmakers from all of the states are elected

to serve in the House of Representatives. Number of representatives depends on the

number of districts in each states. Number of districts is determined by population.

The Senate

Is the conservative counterweight to the more populist House of Representatives.

Each state has two Senators chosen directly by the state legislature in each state.

The Senate has the special privilege of unlimited debate to safeguard the rights of minorities.

How a Bill Becomes a Law (text)Each house of Congress is engaged in making

laws, and each may initiate legislation. A law first begins as a “bill”. Once a bill is introduced, it is sent to the appropriate committee. Each house of Congress has committees which specialize in a particular area of legislation, such as foreign affairs, defense, banking, and agriculture. When a bill is in committee, members study it and then sent it to the Senate or House chamber where it was first introduced.

How a Bill Becomes a Law (text)- cont After a debate, the bill is voted on. If it passes, it is

sent to the other house where it goes through a similar process.

The Senate may reject a bill proposed in the House of Representatives or add amendments. If that happens, a “conference committee” made up members from both houses tries to work out a compromise. If both sides agree on the new version, the bill is sent to the president for his signature. At this point, the bill becomes a law.

British Local Government England is divided into counties, each with a county

council. Each county is divided into districts (district council) Districts are divided into parishes (villages with

churches), in some parts of England, unitary authorities (just one level of local govt).

Councils consist of councillors, led by a council leader and a cabinet or a directly-elected mayor.

Councils make policies for their area which are carried out by local government officers (= civil servants)

The US local government 3 levels: State Government, County Govt, towns

and cities. State Govt is organized similarly to the Federal Govt

(a state constitution with 3 branches) Executive branch is headed by a governor. State

laws are made by a legislature (2 houses) States are divided into counties. (most County Govt

have a Board of Commissioners or a Board of Supervisors)

Counties usually have a sheriff’s department, whose officers are called sheriff’s deputies.

There is no single system of local govt. (each state is considered as a separate nation with its own constitution, law system, police force and courts…)

Law enforcement in UK and the US

The Process of Law Enforcement Maintenance of the Peace Arrest of Law violaters Prosecution and Trial -The Trial Jury Punishment of Convicted persons Preliminary Hearing - Bail Preferring of Charges Arraignment and Plea

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