Introduction to the English Legal System

2021 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Justice System ◽  
Access To Justice ◽  
Administrative System ◽  
System P ◽  
The Family ◽  
The Cost ◽  
The Impact ◽  
Underlying Theme

Introduction to the English Legal System 2021–2022 has been fully updated to consider the latest developments in the English legal system. The underlying theme is change and the impact of the COVID-19 pandemic and the underlying approach is holistic. Changes to the criminal system (Chapter 5), the administrative system (Chapter 6), the family justice system (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all considered. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9). Ways of funding access to justice and controlling the cost of litigating are considered (Chapter 10), as are the purposes and sources of law (Chapters 2 and 3). Chapter 11 offers a final reflection on a system in flux.

Introduction to the English Legal System 2019-2020

2019 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Justice System ◽  
Legal Services ◽  
Process Of Change ◽  
Role Of Government ◽  
The Family ◽  
Justice Systems ◽  
The Cost ◽  
Underlying Theme

Introduction to the English Legal System 2019–2020 has been fully updated to consider the latest developments in the English legal system. The underlying theme is transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all engaged in a process of change designed to enable them to operate more efficiently; this involves major investment in the use of IT to deliver court and tribunal services. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9), and the results of enquiries designed to control the cost of litigating are considered (Chapter 10). Progress with Brexit is noted, although its final form and its impact on the English legal system are not yet known (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law, society, and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice systems; Part IV describes the delivery and funding of legal services; and Part V offers a final reflection on the process of transformation and the challenges it should address.

Introduction to the English Legal System 2018-19

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Legal System ◽  
Justice System ◽  
Legal Services ◽  
Process Of Change ◽  
Role Of Government ◽  
The Family ◽  
Justice Systems ◽  
The Cost

Introduction to the English Legal System 2018–2019 has been fully updated to consider the latest developments in the English legal system. The focus is on transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all engaged in a process of change designed to enable them to operate more efficiently; this will include major investment in the use of IT in the delivery of court and tribunal services. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9), and the results of enquiries designed to control the cost of litigating are considered (Chapter 10). Progress with Brexit is noted, although its final form and its impact on the English legal system are not yet known (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law society and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice systems; Part IV describes the delivery and funding of legal services; and Part V offers a reflection on the process of transformation and the challenges it should address.

The English Legal System

2019 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Police Powers ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

Introduction to the English Legal System 2017-2018

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Justice System ◽  
Major Change ◽  
Legal Services ◽  
The European Union ◽  
Role Of Government ◽  
The Family ◽  
System Part ◽  
The Cost

Introduction to the English Legal System 2017-2018 has been fully updated to consider the latest developments in the English legal system. The theme which dominates the new edition is that of transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil (Chapter 8) justice systems are all starting a process of structural reform designed to enable them to operate more efficiently; this will include major investment in the use of IT in the delivery of court and tribunal services. Major changes to the ways in which the legal profession is regulated are also discussed (Chapter 9), and new enquiries designed to control the cost of litigating are outlined (Chapter 10). The outcome of the referendum on leaving the European Union (Brexit), although noted, is not considered at length: although there will be major change in the future, its form currently not known and for the time being, things remain the same (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law society and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice system; Part IV describes the delivery and funding of legal services; and Part V offers a reflection on the process of transformation and the challenges it should address.

15. Family Law in Practice

Family Law ◽  
2018 ◽  
Author(s):  
Patrick Nicholls
Keyword(s):  
Legal System ◽  
Justice System ◽  
Family Law ◽  
Legal Aid ◽  
The Family ◽  
The Law ◽  
Law Courts ◽  
The Impact ◽  
Legal Procedures

This chapter examines how families use and access the legal system, and the recent changes in family justice. The procedural aspects of family law claims and the funding of litigation has seen extensive changes in recent years that have heavily influenced the use of the courts by families and the development of the law. The chapter identifies the source of the legal procedures, and explains the underlying policies and rules which must be followed for persons to obtain what orders the family law courts can make. It also examines the impact of cuts to legal aid on the family justice system. The cuts in legal aid have resulted in many more persons acting for themselves before the court as ‘litigants in person’. This has resulted in significant delays which some argue have put the family justice system in crisis and pitched the judiciary against their political counterparts.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

The Impact of the Pan-European General Principles of Good Administration on German Law

2020 ◽  
pp. 301-329
Author(s):  
Ulrich Stelkens
Keyword(s):  
Legal System ◽  
German Law ◽  
Administrative Law ◽  
Council Of Europe ◽  
System P ◽  
Individual Protection ◽  
National Constitution ◽  
The Right ◽  
The Impact

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter highlights that most of the German core statutes on administrative law had already been enacted or were developed before the adoption of the said principles. Moreover, the low availability and the lack of translation of the ‘CoE sources’ as well as the (over)reliance of German courts on the national constitution in developing standards of individual protection present further hindrances for their full permeation. However—at least conceptually—German law lives up to the said principles and often even exceeds them. The chapter concludes that it seems to be only a matter of time and the right opportunity for such impact to become full-blown in the German legal system.

The Pan-European General Principles of Good Administration in the Italian Legal System

2020 ◽  
pp. 182-209
Author(s):  
Marco Macchia ◽  
Claudia Figliolia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Court ◽  
System P ◽  
Low Degree ◽  
Court Proceedings ◽  
The Impact ◽  
Constitutional Jurisprudence

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally in line with these principles. The case law of the European Court of Human Rights has played a particularly strong role in national administrative law (especially in the context of administrative sanctioning and lengthy court proceedings). At the same time, some limitations to full reception of the said principles remain, the most notable of them being the resistance of constitutional jurisprudence to give ‘generalized’ execution to the pan-European principles and the low degree of recognition of the importance of the Council of Europe’s recommendations and conventions (other than the ECHR) for the development of these principles in national administrative law. The chapter concludes by stressing the (sometimes) contradictory nature of Italy’s acknowledgement of the pan-European scope of these principles.

The Impact of the Court of Justice of the European Union on the Russian Legal System

2020 ◽  
pp. 143-172
Author(s):  
Paul Kalinichenko
Keyword(s):  
European Union ◽  
Legal System ◽  
Final Section ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
Russian Model

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.

The Impact of the Court of Justice of the European Union on the Turkish Legal System

2020 ◽  
pp. 115-140
Author(s):  
Ulaş Karan
Keyword(s):  
European Union ◽  
Legal System ◽  
Government Procurement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
Underlying Causes ◽  
Accession Process ◽  
The Impact

This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.

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