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 monsthe CabinetMPs (Members of Parliament) religious leadershereditary peerslife peersthe Conservative Partythe Labor Partythe Liberal Democratic Party Emblem⏹The British GovernmentConstitutional 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 mons (with a powerful Prime Minister)• A process of democracy:political party →extension of the universal franchise →thedevelopment of local government and devolutionThe Constitution• a set of rules and conventions•No Written constitution•Multiple documents:Statute law (成文法);mon laws;ConventionsAncient documentsEuropean Union lawThe 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 governorsThe 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 history Symbolic functions: “Britishness” of BritainCeremoniesParliament•The supreme legislative body•Three parts: the Crown, the House of Lords, the House of mons •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 Minister’s Questions (Every Wednesday) （首相质询）•the State Opening of Parliament (议会开幕)The “Queen’s Speech” by the Government to ParliemantHouse 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 Houseof 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 mons up to a yearthe highest court of appealHouse of mons (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) Majesty’s Government•Prime Minister: tremendous powerpresiding over the CabinetAllocating functions among ministersmeeting with the QueenRepresenting 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 StreetLocal Government•Counties councils (53)•District councils (369)•Locally elected but controlled by laws and policies established by the central governmentDevolution责权下放•Since the late 1990s•The powers of the central government over local affairs↓devolve 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 1815—the Liberal Party+the SocialDemocratic Party＝the 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 ofbusinesses with some government control.-- believe in a governing class with a natural right andspecial privileges• 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 foreveryoneEmblem 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 areas 1951-64; 1970-74; 1979-97; May 11, 2010 up to now(David Cameron )(Theresa May13/7/2016)•Labour:Supporters:working class peoplemiddle 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•650 constituencies (2010)•One MP each constituency•British citizen, citizens of other monwealth 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 1974／2010（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 BlairJohn MajorMargaret ThatcherJames CallaghanEdward HeathHarold WilsonSir Alec Douglas-HomeHarold MacmillanSir Anthony EdenClement AttleeSir Winston ChurchillNeville ChamberlainJudiciary System of UKWords and Expressionsmon 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⏹In the United Kingdom, the institution responsible for makinglaws, 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_______.⏹Although the king or queen remains ______ of the kingdom, theresponsibility of the sovereign in policy-making andadministration has been gradually ______ over the past 3-4centuries and government of the country is now in the hands ofa ______, presided over by a ___________. Since the 19th century,the Government has been the political _______with the mostmembers 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↓maintainLaw and order•Legal redress for everyone with plaints•The law and legal processes and personnel: independent from political interference•Sources of Lawmon 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 mon 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 panies (disputes such as pensation for loss or damage)•Administrative law: a special sort of civil law concerning theinteractions of citizens with the state➢Criminal Courtsmagistrates’ Courts →the Crown CourtMinor criminal offences Serous offencessummary 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➢Civil Courts:County Courts→High Court90% civil cases more plicated civil cases1 judge, no jury 1-3 judges, no jury→the Court of Appeals for the Civil Division → The House of LordsIn Scotland⏹Criminal Courts:District Court → Sheriff’s Courtslay Justices of the Peace the Sheriff or with a jury of 15→ the Court of Justiciary⏹Civil Court:Sheriff’s Courts → The higher Court of Session → the House of LordsThe 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 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mit 犯罪arrest 逮捕charge 指控The Legal Process⏹ArrestA person may be arrested and held for questioning at a policestation 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 asolicitor.⏹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 policecaution.⏹CPSThe Crown Prosecution Service was established in 1986 to ensure uniformity over decisions to prosecute. Roughly 2,000solicitors and barristers operate the CPS and it is theirdecision whether the police have enough evidence to have abetter than even chance of securing a conviction.⏹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 seriousoffences are sent up to crown court. Defendants may also choose to have trial by jury; these cases are also referred to Crown Court.⏹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 thejury 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 defendant’s innocence or guilt • A person is innocent until proven guilty•No truth, only evidence before the judge and the juryLay people – Basic principle of involvement of lay people as magistrates or as jurors⏹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 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.⏹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 froma 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 casesSolicitor and Barrister•Solicitor:The general legal work:paperworkrepresenting the client in certain civil proceedings •Barrister:Have the right to plead cases in court:Give specialized legal adviceAct as advocates in the courtsJudges•Basic principle of judicial independence•The Lord Chancellor: the head of judiciary (appointed by the Prime Minister), appointing magistrates•Judges appointed by the Queen on the advice of the Prime Minister.•Not subject to ministerial direction or control.•Not allowed to take part in politics formally•Irremovable once appointed•Very high salariesMajor Crimes•(attempted) Murder (UK)/Homicide (US)故意杀人•Manslaughter过失杀人•(attempted) Rape强奸•Theft盗窃•Burglary入室行窃•Armed Robbery持械抢劫•Arson纵火•Blackmail勒索•Kidnapping绑架•Hijacking劫持•Criminal Damage损害罪•Cruelty to children/ Children Abuse虐待儿童•Handling Stolen Property销赃罪•Shoplifting入店行窃•Drunken Driving醉酒驾车•Fraud诈骗•Forgery伪造•Drug Trafficking贩毒Some Important Punishments in the English Speaking Countries •Imprisonment 监禁Usually fixed term e.g. 6 years---‘life’ for murder but this is often as 8 years ‘with good behaviour’.•Probation假释The convicted person is not in jail but has to report to a police station every week and has a probation officer who monitors his/her behaviour.•Fine罚款According to different degree of the offence there will be different sums of money to be paid as a punishment. Fines imposed in previous cases are often made examples to provide standards for future cases.•Suspended Sentence缓刑The person is sentenced e.g. to 2 years imprisonment but because of some mitigating circumstances e.g. they mitted the crime under provocation---there is a period of time e.g. 5 years during which if they are convicted of another crime, the original sentence will also e into force and be added to the new sentence.•munity Service社区服务For less serious crimes---often involving young people (juvenile delinquents)---they are sentenced to a period e.g. 1 year during which they must spend a certain number of hours per week working in the munity e.g. decorating old people’s homes, coaching underprivileged children in sports.Maximum prison sentences for serious crimesOffence Max. PenaltyMurder Life imprisonment Rape 7 years Theft 3 years Burglary 3 years Blackmail 5 yearsArson 5 years –Criminal damage to property 2 years –Causing death by dangerous driving 5 years Armed robbery 5 yearsMost English-speaking nations do not have the death penalty though someUSA states do --- and use it quite regularly。
