英国政治制度(13页).doc

-英国政治制度-第 13 页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ParliamentSovereignthe House of Lordsthe House of Commonsthe CabinetMPs (Members of Parliament)religious leadershereditary peerslife peersthe Conservative Partythe Labor Partythe Liberal Democratic PartyEmblemn The British Government© Constitutional monarchy (君主立宪制） The Monarch reigns but doesn't rule. The rights of the Monarchy, as formality and historical legacy, are strictly restricted by a set of laws Power: the Crown (non-democratic) aristocratic Lords the House of Commons (with a powerful Prime Minister) A process of democracy:political party extension of the universal franchise the development of local government and devolution© The Constitution a set of rules and conventions No Written constitution Multiple documents:Statute law (成文法);common laws;ConventionsAncient documentsEuropean Union law The European Convention on Human Rights Characteristics:Constitutional MonarchyParliamentary sovereignty (parliamentary authority unlimited)Representative democracyThe rule of law (people are subject to law, not to the will of governors© The MonarchyThe King/Queen (ceremonial duties; signing papers) Legislative: Summon, or dissolve ParliamentGive Royal Assent to bills JudicialPardon赦免 Personal Immunity豁免 (not the Crown) ExecutiveConfer peerages and knighthoodsAppoint important government positions (government, military, Church) on the advice of the PM Foreign affairsListens to PM and others reports Cultural: national unity, morality and continuity of historySymbolic functions: “Britishness” of BritainCeremonies© Parliament The supreme legislative body Three parts: the Crown, the House of Lords, the House of Commons FunctionsLaw-making (create, abolish, amend)Vote the taxationDetermine revenue and expenditure of governmentExamine government policies and administrationDebate major political issues of the day Each parliament fives years (one session a year )(October or November) Prime Ministers Questions (Every Wednesday) （首相质询） the State Opening of Parliament (议会开幕)The “Queens Speech” by the Government to Parliemant© House of Lords (the Upper House) Lords Spiritual (神职贵族）：religious leaders (archbishop 大主教 and bishop 主教) Lords Temporal （世俗贵族）：hereditary peers and life peers Law Lords Nobel titles: duke (公）, marquis（侯）, earl/count（伯）, viscount（子）, baron（男） 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 Power much reduced: a place of discussion and debatedelay the passage of bills approved by the Commons up to a year the highest court of appeal© House of Commons (the Lower House) 650 seats (England 523, Scotland 72, Wales 38, Northern Ireland 17) MPs: elected by people of their constituencies ( 选区） in a general election （大选） Prime Minister (leader of the party with the majority of seats) and the Cabinet The Leader of the Opposition (the head of the largest defeated party) and the Shadow Cabinet The government (Party) and the Opposition (Party)© What do MPs do Questions time (government ministers) 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 wordingThird readingGoes to Upper HouseGoes to MonarchAn act of Parliament (law)© Government 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 His (or Her) Majestys Government Prime Minister: tremendous powerpresiding over the CabinetAllocating functions among ministersmeeting with the Queen Representing the UK at major international events Ministers Cabinet：the major decision-making body; 20 Ministers Collective responsibility （集体负责制） Civil servants (politically neutral)(500,000) (cannot be candidates for Parliament or support any party) Whitehall and No. 10 Downing Street Local Government Counties councils (53) District councils (369) Locally elected but controlled by laws and policies established by the central government© Devolution责权下放 Since the late 1990s The powers of the central government over local affairsdevolve tothe Scottish and Welsh local legislatures A Scottish parliament (129 Ms) (1997) A Wales assembly (60 Ms) (1997) Northern Ireland assembly (108 Ms) (1998)© Political parties 1. The Liberal Democratic Party (middle)(Whigs辉格党 1679)the Liberal Party 1815the Liberal Party+the Social Democratic Partythe Liberal Democratic Party 1988 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 3. The Labor party (Left, middle and lower middle classes)- 1900, unionists, liberals, socialists-believes in socialism (class cooperation) to promote communal growth-demands economic equality-supports nationalization of big enterprises- believes in the supervision of industry by the government/ distribution of wealth/ equal opportunity for everyoneEmblem and Colour: the Conservatives: a blue torch Labour: a red rose the Liberal Democrats: a yellow bird.© A two-party system of government (since 1945) Conservative Party:supporter:from the richer sections of societylandowners and business people. People living in the south of England and rural areas1951-64; 1970-74; 1979-97; May 11, 2010 up to now(David Cameron )(Theresa May13/7/2016) Labour:Supporters: working class people middle class people who believe in socialist ideals. People who live in the north of England and in urban areas1945-51; 1964-70; 1974-79; 1997-2010(Tony Blair 1997-2007, Gordon Brown)© Elections 650 constituencies (2010) One MP each constituency British citizen, citizens of other Commonwealth countries and the Republic of Ireland living in UK; 18 or over Candidate of the party; independent candidate Ballot (秘密投票） The simple majority system (vs absolute majority)简单多数原则 Hung Parliament 悬浮议会 19742010（no one party has an overall majority) (a minority or coalition government联合政府） 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¡ Common 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 Committee of the House of Lords 上诉委员会¡ The Lord Chancellor 大法官¡ The adversarial system 对抗制© Parliamentn 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 Separate Legal Systems:England and WalesScotland and Northern Ireland The supreme executive body of the law:The House of LordsThe Lord ChancellorThe Department for Constitutional Affairs and the Home Office (内政部）No Ministry of Justice (司法部）© The Rule of Law Everyone is bound by the law All persons are equal before the law The officials and institutions of the state maintain Law and order Legal redress for everyone with complaints The law and legal processes and personnel: independent from political interference© Sources of LawCommon Law System: The principle of “precedence” (先例）：The court will follow the precedents in previous legal cases. There should be as much certainty in the law as possible. The creation of new precedents: the House of Lords Common Law Statute Law: formal written laws passed by the Parliament European Union Law: since 1973. economic and social matters. (EU law over British domestic law)© The Court System Criminal law: the rules for citizens and acts punishable by the state (theft, murder) Civil law: the relationships and transactions between private parties, individuals, organizations, or companies (disputes such as compensation for loss or damage) Administrative law: a special sort of civil law concerning the interactions of citizens with the stateØ 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 LordsØ Civil Courts: County Courts High Court 90% civil cases more complicated civil cases 1 judge, no jury 1-3 judges, no jurythe Court of Appeals for the Civil Division The House of LordsIn Scotlandn Criminal Courts: District Court Sheriffs Courts lay Justices of the Peace the Sheriff or with a jury of 15 the Court of Justiciaryn Civil Court: Sheriffs Courts The higher Court of Session the House of LordsThe House of Lords:The Appellate Committee of the House of Lords: appeals from the courts in England, Wales and Northern Ireland, and in civil cases from ScotlandOther 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 ProceedingsPut six activities into the most logical order:Prosecute 公诉convict 定罪Sentence 判刑commit 犯罪arrest 逮捕charge 指控The Legal Processn ArrestA person may be arrested and held for questioning at a police station on suspicion of committing 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 ChargeWhen 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 CPSThe 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 CourtAll 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 CourtThis 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 A lawyer represents the prosecution and the other represents the accused Both sides call for witnesses in support of their case in order to establish the defendants innocence or guilt A person is innocent until proven guilty No truth, only evidence before the judge and the jury© Lay people Basic principle of involvement of lay people as magistrates or as jurorsn MagistratesLay 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 community 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 JuryThis 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 All criminal trials in the Crown Courts and the High Court are held before a judge and jury A group of ordinary citizens (12, 15 in Scotland): drawn from a cross-section of the public and selected at random Decide whether an accused person is guilty or innocent Cannot ask questions in court; to listen impartially to the evidence from all sides A unanimous agreement of guilty or not guilty. Very rare in civil cases© Solicitor and Bar