Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 5
1.
Revision of the last session
2.
The British Judiciary
What are the executive bodies in the UK?
What are the parts of the British Parliament?
What do you know about:
1.
2.
3.
◦
◦
4.
the House of Commons, and
the House of Lords?
What do you know about Parliamentary
elections?
5.
6.
7.
8.
Describe the legislative procedure in the
British Parliament.
What is the Queen's role in Parliament?
What is a Bill? What types do you know?
Which House has more power - the
Commons or the Lords? What is that power?
Queen opening Parliament
https://www.youtube.com/watch?v=htJlSC9lXVg

Introduction to Parliament
https://www.youtube.com/watch?v=RAMbIz3Y2JA

House of Commons
https://www.youtube.com/watch?v=0ToKcEvqXuM&index=2&li
st=PL7F1AFC4FF75A3725
 House of Lords
https://www.youtube.com/watch?v=wVllfyvGfU&list=PL7F1AFC4FF75A3725&index=3

Unit 4
The Court System of
England and Wales
LOWER CIVIL COURTS:
◦ county courts
LOWER CRIMINAL COURTS:
1. magistrates’ courts
HIGH COURTS – the Supreme Court of Judicature
1. The Supreme Court of the UK

highest court of appeal (appeals from the CA of
exceptionally the HCJ)
2.
The Court of Appeal

Civil and criminal divisions
3.
The High Court of Justice
i. Queen’s Bench division
ii. Chancery Division
iii. Family Division

Complex civil cases, appeals from the Crown court and
county courts
Civil Courts
The Supreme Court of the UK -
highest court of
appeal (appeals from the CA of exceptionally the HCJ)
The Court of Appeal county courts
appeals from the High Court or
The High Court of Justice –
first instance for complex
cases, specialist divisions (family law, administrative law,
commercial law, etc.), also second instance
County courts –
first-instance court for most civil cases of
low or medium complexity
Criminal Courts
The Supreme Court of the UK - highest court of appeal
The Court of Appeal - appeals from the Crown Court on
points of law or the verdict
Divisional Court of the Queen’s Bench Division
(HCJ) – criminal appeals from the Crown Court or magistrates’
courts on points of procedure
Crown Courts – first-instance court for serious crimes
Magistrates’ courts – first-instance court for summary
offences (petty crimes)
Judges have different titles, according to experience
and type of court they sit in


Justices of the Supreme Court

Lord Justices of Appeal (CA)

puisne judges /pju:ni/ (judges of the HCJ, other than the
presidents)

circuit judges

recorders

district judges

Justices of the Peace (magistrates)

circuit judges, district judges, recorders –
drawn from the ranks of solicitors or
barristers with varying years of standing
(minimum 10)
Justices of the Peace (magistrates)


lay, unpaid judges – established members of the
local community

usually sit in groups of 2 or 3

advised by a clerk

TREND: tend to be replaced by district judges
(professionals)
The only judicial authorities above the

Supreme Court of the UK are:


the Court of Justice of the European Union, and
the European Court of Human Rights

The court system also includes tribunals –
specialized courts dealing with certain areas
(e.g. employment, immigration, technical and
scientific areas)

In addition to legal professionals, judges sitting
in tribunals are established specialists in
pertinent areas

The Supreme Court of the UK started work
on 1 October 2009 (Constitutional Reforms
Act 2005)

Before these reforms, the highest court of
appeal was the (Appellate Committee of the)
House of Lords (HL)

There were 12 Lords of Appeal in Ordinary
(a.k.a. the Law Lords), sitting as peers in the HL
and hearing appeals as the last instance in the
country (a mix of judicial and legislative roles)

Today: Justices of the Supreme Court –
completely independent from Parliament
until 2005 this function was present in all 3
branches of power

◦
The minister of justice (executive)
◦
Head of the Appellate Committee of the House
of Lords (judiciary)
◦
Speaker of the House of Lords (legislative)
◦
Responsible for judicial appointments
Constitutional Reform Act 2005 – redefines
and reduces the role of the Lord Chancellor,
and extends the role of the Lord Chief
Justice, also constitutes the Supreme Court
of the UK, removing the judicial function of
the House of Lords
The Lord Chancellor

Today the Minister of Justice (sits in the
Cabinet) and a Member of Parliament

No longer has the power to appoint judges

No longer the Speaker of the House of Lords
The Lord Chief Justice

Head of the judiciary for England and Wales –
represents the judiciary before the Government
and Parliament

Makes decisions regarding the organisation of
courts, distribution of work, allocation of funds,
and training provided to judicial staff

Presides over the Criminal Division of the Court
of Appeal
Constitutional Reform Act 2005
Judicial Appointments Commission

An independent body

Took over the task of judicial appointments, formerly
performed by the Lord Chancellor
first-instance court
appellate court
Justices of the Peace
(magistrates)
circuit judges
district judges
recorders
puisne judges
Judicial Appointments
Committee
Lord Justices of Appeal
Justices of the Supreme
Court
tribunals
Lord Chief Justice
Lord Chancellor
The Judicial Appointments Commission is
responsible for selecting judges in England and
Wales. It is a non-departmental public body which
was created on 3 April 2006 as part of the reforms
following the Constitutional Reform Act 2005. It
took over a responsibility previously held by the
Lord Chancellor and the Department for
Constitutional Affairs, although the Lord Chancellor
retains responsibility for appointing the selected
candidates. The Lord Chancellor has also given up
his other judicial functions, including the right to
sit as a judge in the House of Lords.
Thank you for your attention!