Britians Ceremonial
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 Great Britain Flag Patch, 2.5 x 3.5 Iron On Embroidered Patch Sale Price: $1.95  Eligible for free shipping!Availability: Usually ships in 1-2 business days  |
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 Britains Deetail Indian Wars, US 7th Cavalry Trooper with Custer Flag, Hand Painted 54mm Collectible Toy Soldiers and Playset Figures Sale Price: $11.95 Eligible for free shipping!Availability: Usually ships in 1-2 business days |
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Windsor Ceremonial for India State Visit - Oct 2009
Speration of Powers
Jury
Group of 12 ordinary people with no special knowledge, chosen rendom to act as impartial judges. The jury is advised by the judge on the relevant law and they have to ducude if the defendant is guilty or not guilty (criminal cases). In civil cases, if the defandant is lible to the plaintiff the decision is called – verdict
Parlianentary aovereignty
The parliament is supreme, it can enact any law it wishes. No authority , including the courts. Has the power to question the validilty of the legislation.
Speration of powers
1. executive – to enforce the laws
2. legislatiure – to make the law
3. judiciary – to interprae and examine the law
judicial review
the court may declare thet the administrative actes ultra vires the british court can not examine the merits of the law.
It forms the basis of administrative law. Regulate the relationship between the courts, public administrative bodies and the individual citizens.
Juducual review dos not allaw the courts to examuine the merits if admunisrative action. It can declare that the body actes ultra vires, whan a body acted un an unlawfull way. Frands yoy judicial review, also: 1) unreasonbleness 2) incorect preocedare 3) power been used in a bad faith, or improper purpose.
English legal system
English law is based on the common law tradition. Common law is a system of judge made law which is develeping over the years threough the decusions of jodges. The judical precedents are important source of law in the english legal system.
The judges only on the basis of the evidance presented to them by the parties- this is called adversaial system.
Soliciter/barrister – solicetor can oppear in lower courts, but not in higher courts. The barrister anly presents cases in courts.
Common law and equity
The most important branch of equity is the law of trusts, but equitable remedies such as specipic preformance and injuction are also much used. In cases of conflict between the ruls of equity and the ruls of common law, the rols of equity should prevail.
Equity developed because in many sitiuation there was no legal remedy evailable at comman law. The purpose of equity is to achive justice. Using the maxims equity .
Equity maxims for example:-
1. equity will not soffer a wrong to be witout a remedy. It will intervene when there is no commaon law remedy.
2. he who comes to equity must come with clean hands. A litigant who has behaved unfarly will be denied.
3. equiuabale remedis will be granted, the court will consider each individual case.
The rule of law
The rule of law reguires that all power and authority in the state be derived (??????) from law and ide that: equality before the lew.
Ultra vires – beyand the power of his authority.
Sovereignty – is the claim to be the ultimate political authority, subject to higer power and able to make and enforce political decision without having to seek permission from any ather body.
Constitution – most countries in the world have a written constitution, which is set of ruls which define the relationship between the verious organs of the government and citizens of a country. Its purpose is to set parameters of government power and the rights and dutues of is citizens.
British constitution – they have no written constitotion in the sens of a document, it is flexible constitution and change can be achieved by simple act of parliament.
Statutes – are the main source if the part-written constitution and the main source of constitutional law in britian. Statutes are soperior. Like the basic laws in israel. There are the statute law made by parliament, and common kaw which is made by decisins of the courts.
Constitutional monarcy: the british monarcy has few (if any) political powers, the quean is ceremonial head of the state, the queen invites the leader of the majarity party to form a government.
The bill of rights (1688): sets out the principal rights gained by purliaments and the nation as the result of the 17th century constitutional struggles.
thanks to jammer about his opinion here.
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