The definition of these terms

1. INTRODUCTION

     The topic of this work is “Justice and the law. Britain’s legal system”. The object of this work is the legislation of Great Britain. The subject is the peculiarities of the British legislation system. The aim is to learn about this peculiarities. Our task is to understand, what does “justice, law and legal system mean? What concepts are included in these terms? We should know answers to many questions. For example: What denotes such terms as “civil law, common law and religious law” ? We should learn about different law acts and kinds of courts in Great Britain, first of all about the Supreme Court of The UK, its jurisdiction, history, justices. Here you can read, that The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems. What concerns law acts there are such terms as “Treaty Union” and “Acts of Union”. The Treaty of Union is the name given to the agreement that led to the creation of the United Kingdom of Great Britain. The details of the Treaty were agreed on 22 July 1706, and separate Acts of Union. The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland. The Acts joined the Kingdom of England and the Kingdom of Scotland (previously separate states, with separate legislatures but with the same monarch) into a single, united kingdom named "Great Britain".

     In this work we can find the information about the United Kingdom legislatures: about the British Parliament. Here the main attention is to the parliament’s  two parts: the House of Lords , which currently acts to review legislation initiated by the House of Commons, with the power to propose amendments, and can exercise a suspensive veto; the House of Commons,the main function of which is to make laws of the land by passing various Acts (of Parliament), as well as to discuss current political issues.     The work of the House of Lords is largely complementary to that of the House of Commons, and includes examining and revising bills from the Commons, and discussing the important matters which the Commons cannot find time to debate. The House of Lords does not have The same power as The House of Commons. It can:

• Pass Bills sent to it from the House of Commons;

• Amend Bills and sent them back to the Commons for approval;

• Delay Bills for a limited time;

• Start its own Bills, but it must send them to the Commons for approval.

 

     It is very necessary to learn about the legislation in Great Britain, because Great Britain is “The Country of Traditions” and it is very hard  for foreigners to understand many things taking place in this country. Great Britain has a very complicated legal system, as I’ve already said it has three distinct system of law. More over, recent constitutional changes saw a new Supreme Court of the United Kingdom come into being in October 2009 that took on the appeal functions of the Appellate Committee of the House of Lords. The Judicial Committee of the Privy Council, comprising the same members as the Supreme Court, is the highest court of appeal for several independent Commonwealth countries, the UK overseas territories, and the British crown dependencies. But, don’t paying attention to these changes, you should know some information about the legal system, justice and law of any foreign country(in our case of Great Britain), because we must respect laws of other countries… But how we can respect them if we won’t know about them…

     For understanding the legal system of Great Britain it is necessary to know what does it mean and the definitions of such terms as “justice”, “ law”. And I want to give a brief description of these notions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. “JUSTICE, LAW, LEGAL SYSTEM”. The  definition of these terms.

     Legal system- is a system of laws.

     Justice- the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments; the administration of law; the establishment or determination of rights according to the rules of law or equity; the quality of conforming to law; conformity to truth, fact, or reason.

     Law- the control brought about by the existence or enforcement of such law; the action of laws considered as a means of redressing wrong; a rule or order that it is advisable or obligatory to observe; something compatible with or enforceable by established law.

 

 

 

 

 

 

 

 

 

 

 

3. LAW OF THE UNITED KINGDOM
1. Legal system

     The United Kingdom has three legal systems. The legal systems of Great Britain today are generally based on one of two basic systems: civil law and common law – or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law elements dating back to the High Middle Ages. While England and Wales, Northern Ireland, and Scotland diverge in the more detailed rules of common law and equity, and while there are certain fields of legislative competence devolved in Northern Ireland, Scotland, Wales and London, there are substantive fields of law which apply across the United Kingdom.

 

1. Civil law

     Civil law (or civilian law) is a legal system originating in Western Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).

     Historically, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canon-law, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legislative positivism.

   Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, and the court system is usually inquisitorial, unbound by precedent, and composed of specially trained judicial officers with a limited authority to interpret law. Juries separate from the judges are not used, although in some cases, benches may be sat by lay judges alongside legally-trained career judges.

     Civil law is the most widespread system of law around the world. It is also sometimes known as Continental European law.

 

3.1.2 Common law 

     Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. Common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England which introduced legal concepts from Norman law, which had its origins in Salic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis or precedent by courts is the major difference to codified civil law systems.

     Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) and many other places. In addition to these countries, several others have adapted the common law system into a mixed system.

 

2. English law

     English law" is a term of art. It refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. English law is renowned as being the mother of the common law and is based on those principles. English law can be described as having its own legal doctrine, distinct from civil law legal systems since 1189. There has been no major codification of the law, and subject to statute, the law is developed by judges in court, applying statute, precedent and common sense to the facts before them, to give explanatory judgements of the relevant legal principles, which are reported and binding in future similar cases (stare decisis). In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g., the Law Merchant began in the Pie-Powder Courts. As Parliament developed in strength, subject to the doctrine of separation of powers, legislation gradually overtook judicial law-making, so that today judges are only able to innovate in certain very narrowly-defined areas. The year 1189 was defined in 1276 as being the boundary of time immemorial.

     The courts of England and Wales are headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Supreme Court is the highest court in the land for both criminal and civil appeal cases in England, Wales, and Northern Ireland and any decision it makes is binding on every other court in the same jurisdiction, and often has persuasive effect in its other jurisdictions. On appeal, a court may overrule the decisions of its inferior courts, such as county courts (civil) and magistrates' courts (criminal). The High Court may also quash on judicial review both administrative decisions of the Government and delegated legislation. The ultimate body of appeal for all criminal and civil cases in England and Wales (and Northern Ireland, and for all civil cases in Scots law) is the Supreme Court of the United Kingdom, which took over this function from the Appellate Committee of the House of Lords (usually just referred to as "The House of Lords") in October 2009.

     After the Acts of Union, in 1707 English law became one of two legal systems in different parts of the same, united, kingdom and has been influenced by Scots law, most notably in the development and integration of the law merchant by Lord Mansfield and in time the development of the law of negligence. Scottish influence may have influenced the abolition of the forms of action in the nineteenth century and extensive procedural reforms in the twentieth.

 

 

3. Northern Irish legal system

     The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with ultimate appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. The law of Northern Ireland is closely similar to English law, the rules of common law having been imported into the Kingdom of Ireland under English rule. However there are still important differences.

     The sources of the law of Northern Ireland are English common law, and statute law. Of the latter, statutes of the Parliaments of Ireland, of the United Kingdom and of Northern Ireland are in force, and latterly statutes of the devolved Assembly. The courts of Northern Ireland are headed by the Court of Judicature of Northern Ireland, consisting of the Northern Ireland Court of Appeal, the Northern Ireland High Court of Justice and the Northern Ireland Crown Court. Below that are county courts and magistrates' courts. The Court of Appeal in Northern Ireland is the highest court specifically of Northern Ireland. Appeal from the Court of Appeal lies to the Supreme Court of the United Kingdom.

 

4. Scots law

     Scots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. Thus Scotland has a pluralistic, or 'mixed', legal system, comparable to that of South Africa, and, to a lesser degree, the partly codified pluralistic systems of Louisiana and Quebec. Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom. Scotland and England & Wales each retained fundamentally different legal systems, but the Union brought English influence on Scots law and vice versa. In recent years Scots law has also been affected by both European law under the Treaty of Rome and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998.

     The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. The Supreme Court of the United Kingdom serves as the highest court of appeal for civil cases under Scots law, with leave to appeal from the Court of Session not required as a general rule. Sheriff courts deal with most civil and criminal cases including conducting criminal trials with a jury, known as sheriff solemn court, or with a sheriff and no jury, known as sheriff summary Court. The sheriff courts provide a local court service with 49 sheriff courts organised across six sheriffdoms. The Scots legal system is unique in having three possible verdicts for a criminal trial: "guilty", "not guilty" and "not proven". Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial.

     The Cabinet Secretary for Justice is the member of the Scottish Government responsible for the police, the courts and criminal justice, and the Scottish Prison Service, which manages the prisons in Scotland. Though the level of recorded crime in 2007/08 has fallen to the lowest for 25 years, the prison population, at over 8,000, is hitting record levels and is well above design capacity.

 

 

 

5. Treaty of Union

     The Treaty of Union is the name given to the agreement that led to the creation of the United Kingdom of Great Britain, the political union of the Kingdom of England (including Wales) and the Kingdom of Scotland, which took effect on 1 May 1707. The details of the Treaty were agreed on 22 July 1706, and separate Acts of Union were then passed by the parliaments of England and Scotland to ratify the Treaty.

 

1. Background

     The idea of uniting the two sovereign states had been widely discussed since the Union of the Crowns in 1603, when King James VI of Scotland inherited the English throne from his double first cousin twice removed, Queen Elizabeth I. Fear of Scottish cooperation with France or in a French invasion was a constant concern in England. Three previous attempts to unite the two countries by Acts of Parliament, in 1606, 1667, and 1689 were unsuccessful, although the political and economic circumstances at the start of the 18th century were such that the political establishments, many of whom had lost large sums of money in the ill-fated Darién scheme which had failed in part due to English interference, supported the idea, despite its being deeply unpopular among the Scottish population at large.

 

2. Two kingdoms unite

     Deeper political integration had been a key policy of Queen Anne (reigned 1702–14). Under the aegis of the Queen and her advisors the Treaty of Union was drawn up, and negotiations between England and Scotland began in earnest in 1706.

     Scottish proponents of union believed that failure to accede to the Bill would result in the imposition of union under less favourable terms, and English troops were stationed just south of the border and in Ireland as an "encouragement". Months of fierce debate in both capital cities and throughout both kingdoms followed. In Scotland, the debate on occasion dissolved into civil disorder, most notably by the notorious 'Edinburgh Mob'. The prospect of a union of the kingdoms was deeply unpopular among the Scottish population at large, and talk of an uprising was widespread. However the Treaty was signed and the documents were rushed south with a large military escort.

     The united Kingdom of Great Britain was born on May 1, 1707, shortly after the parliaments of Scotland and England had ratified the Treaty of Union by each approving Acts of Union combining the two parliaments and the two royal titles. Scotland's crown, scepter, and sword of state remained at Edinburgh Castle. Queen Anne (already Queen of both England and Scotland) formally became the first occupant of the unified British throne, with Scotland sending forty-five Members to the new House of Commons of Great Britain, as well as representative peers to the House of Lords.

 

3. Details of Treaty

     The Treaty consisted of 25 articles.

     Article 1 states "That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN."

     Article 2 provided for the succession of the House of Hanover, and for Protestant succession as set out in the English Act of Settlement.

     Article 3 provide for the creation of the one, unified, parliament of Great Britain.

     Articles 4 gave subjects of Great Britain freedom of trade and navigation within the kingdom and "the Dominions and Plantations thereunto belonging".

     Articles 5 to 18 dealt with aspects of trade, movement, taxes, regulation etc., to ensure equal treatment for all subjects of the new kingdom.

     Article 16 required the introduction of a common currency for Great Britain, subsequently effected through the 1707–1710 Scottish recoinage.

     Article 19 provided for the continuation of Scotland's separate legal system.

     Article 20 provided for the protection of heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life after the union.

     Article 21 provided for the protection of the rights of royal burghs.

     Article 22 provided for Scotland representation in the Parliament of Great Britain to be 16 Lords and 45 MPs.

     Article 23 provided for Scotland's peers to have the same rights as English peers in any trials of peers.

     Article 24 provided for the creation of a new Great Seal for Great Britain, different from those of England and Scotland, and that the English Great Seal could be used until this had been created.

     Article 25 provides that all laws of either kingdom that may be inconsistent with the Articles in the Treaty are to be declared void.

 

 

6. Acts of Union in 1707

     Acts of Union in 1707, created the Kingdom of Great Britain but guaranteed the continued existence of Scotland's separate legal system. The two countries had shared a monarch since the Union of the Crowns in 1603, when King James VI of Scotland inherited the English throne from his double first cousin twice removed, Queen Elizabeth I. Although described as a Union of Crowns, until 1707 there were in fact two separate Crowns resting on the same head (as opposed to the implied creation of a single Crown and a single Kingdom, exemplified by the later Kingdom of Great Britain) . There had been three attempts in 1606, 1667, and 1689 to unite the two countries by Acts of Parliament, but it was not until the early 18th century that both political establishments came to support the idea, albeit for different reasons.

     The Acts took effect on 1 May 1707. On this date, the Scottish Parliament and the English Parliament united to form the Parliament of Great Britain, based in the Palace of Westminster in London, the home of the English Parliament.

 

1. Historical background

     Previous attempts at union

     England and Scotland were separate states for several centuries before eventual union, and English attempts to take over Scotland by military force in the late 13th and early 14th centuries were ultimately unsuccessful (see the Wars of Scottish Independence). The first attempts at Union surrounded the foreseen unification of the Royal lines of Scotland and England. In pursuing the English throne in the 1560s, Mary, Queen of Scots pledged herself to a peaceful union between the two kingdoms.

     England and Scotland were ruled by the same king for the first time in 1603 when James VI of Scotland also became the king of England. However they remained two separate states until 1 May 1707.

     Early Stuart union

     The first Union flag, created by James VI and I, symbolising the uniting of England and Scotland under one Crown.

     The first attempt to unite the parliaments of England and Scotland was by Mary's son, King James VI and I. On his accession to the English throne in 1603 King James announced his intention to unite his two realms so that he would not be "guilty of bigamy". James used his Royal prerogative powers to take the style of 'King of Great Britain' and to give an explicitly British character to his court and person. Whilst James assumed the creation of a full union was a foregone conclusion, the Parliament of England was concerned that the formation of a new state would deprive England of its ancient liberties, taking on the more absolutist monarchical structure which James had previously enjoyed in Scotland. In the meantime, James declared that Great Britain be viewed 'as presently united, and as one realm and kingdom, and the subjects of both realms as one people'.

     The Scottish and English parliaments established a commission to negotiate a union, formulating an instrument of union between the two countries. However, the idea of political union was unpopular, and when James dropped his policy of a speedy union, the topic quietly disappeared from the legislative agenda. When the House of Commons attempted to revive the proposal in 1610, it was met with a more open hostility.

Union during the interregnum

      Flag of the Commonwealth (1651–58) showing the 'perfected' union between England and Scotland.

     The Solemn League and Covenant 1643 sought a forced union of the Church of England into the Church of Scotland, and although the covenant referred repeatedly to union between the three kingdoms of England, Scotland, and Ireland, a political union was not spelled out.

     In the aftermath of the Civil War, in which the Covenanters had fought for the King, Oliver Cromwell occupied Scotland and began a process of creating a 'Godly Britannic' Union between the former Kingdoms. In 1651, the Parliament of England issued the Tender of Union declaration supporting Scotland's incorporation into the Commonwealth and sent Commissioners to Scotland with the express purpose of securing support for Union, which was assented to by the Commissioners (Members of Parliament) in Scotland. On 12 April 1654, Cromwell – styling himself Lord Protector of England, Scotland and Ireland – enacted An Ordinance by the Protector for the Union of England and Scotland which created 'one Commonwealth and under one Government' to be known as the            Commonwealth of England, Scotland and Ireland. The ordinance was ratified by the Second Protectorate Parliament, as an Act of Union, on 26 June 1657. One united Parliament sat in Westminster, with 30 representatives from Scotland and 30 from Ireland joining the existing members from England. Whilst free trade was brought about amongst the new Commonwealth, the economic benefits were generally not felt as a result of heavy taxation used to fund Cromwell's New Model Army.

     This republican union was dissolved automatically with the restoration of King Charles II to the thrones of England and Scotland. Scottish members expelled from the Commonwealth Parliament petitioned unsuccessfully for a continuance of the union. Cromwell's union had simultaneously raised interest in and suspicion of the concept of union and when Charles II attempted to recreate the union and fulfil the work of his grandfather in 1669, negotiations between Commissioners ground to a halt.

Later attempts

     An abortive scheme for union occurred in Scotland in 1670.

     Following the Glorious Revolution in 1689, the records of the Parliament of Scotland show much discussion of possible union. William and Mary, whilst supportive of the idea, had no interest in allowing it to delay their enthronement. Impetus for this incorporating union came almost entirely from King William, who feared leaving Scotland open to a French invasion. In the 1690s, the economic position of Scotland worsened, and relations between Scotland and England became strained. In the following decade, however, union again became a significant topic of political debate.

 

2. Passage of Acts 1707

     Both countries appointed commissioners to handle negotiations. Scotland had 31 commissioners, mainly picked by the Duke of Queensberry and the Duke of Argyll. Most favoured union, and about half were government ministers and other officials. At the head of the list was Queensberry, and the Lord Chancellor of Scotland, the Earl of Seafield.

     Other commissioners were businessmen and bankers, including two directors of the Bank of Scotland, and a director of the Company of Scotland, and local leaders such as Sir James Smollet (Dumbarton), and Sir Patrick Johnston, the provost of Edinburgh. The Scottish Parliament was also represented.

      Few of those appointed from Scotland represented the popular view against the union, Lockhart of Carnwarth being the most prominent of these.

     There were an equivalent number of English commissioners, including government ministers and officers of state, such as Lord Godolphin, and the two secretaries of state, Sir Charles Hedges and Robert Harley, and a large number of Whigs who supported union. Tories were not in favour of union and were not represented on the commission.

     Negotiations between the English and Scottish commissioners began in April 1706 at the Cockpit, a government building in London. The sessions opened with speeches from William Cowper, the English Lord Keeper, and Lord Seafield, the Scottish Lord Chancellor, each describing the significance of the task. Each side had its own particular concerns. Within a few days, England gained a guarantee that the Hanoverian royal dynasty would succeed Queen Anne to the Scottish crown, and the Scots received some much-desired access to colonial markets, in the hope that they would be placed on an equal footing in terms of trade.

     After negotiations ended in July 1706, the acts had to be ratified by both Parliaments. In Scotland, about 100 of the 227 members of the Parliament of Scotland were supportive of the Court Party. For extra votes the pro-court side could rely on about 25 members of the Squadrone Volante, led by the Marquess of Montrose and the Duke of Roxburghe. Opponents of the court were generally known as the Country party, and included various factions and individuals such as the Duke of Hamilton, Lord Belhaven and Andrew Fletcher of Saltoun, who spoke forcefully and passionately against the union. The Court party enjoyed significant funding from England and the Treasury and included many who had accumulated debts following the Darien disaster.

     In Scotland, the Duke of Queensberry was largely responsible for the successful passage of the Union act by the Scottish Parliament. In Scotland, he received much criticism from local residents, but in England he was cheered for his action. He had received around half of the funding awarded by the Westminster treasury for himself. In April 1707, he travelled to London in order to attend celebrations at the royal court, and was greeted by groups of noblemen and gentry lined along the road. From Barnet, the route was lined with crowds of cheering people, and once he reached London a huge crowd had formed. On 17 April, the Duke was gratefully received by the Queen at Kensington Palace.

 

7. Acts of Union in 1800

     The Acts of Union 1800 (sometimes called the Acts of Union 1801) describe two complementary Acts, namely:

• the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and
• the Act of Union (Ireland) 1800 , an Act of the Parliament of Ireland.

      Passed on 2 July 1800 and 1 August 1800 respectively, the twin Acts united the Kingdom of Great Britain and the Kingdom of Ireland to create the United Kingdom of Great Britain and Ireland. The union came into effect on 1 January 1801. Both Acts, though since amended, remain in force in the United Kingdom.

In the Republic of Ireland the Union with Ireland Act 1800 (that passed in Great Britain) was not formally repealed until the passing by the Oireachtas of the Statute Law Revision Act 1983. The Act of Union (Ireland) 1800 (that passed in Ireland) was repealed in 1962.

 

 

1. Background

     Before these Acts, Ireland had been in personal union with England since 1541, when the Irish Parliament had passed the Crown of Ireland Act 1542, proclaiming King Henry VIII of England to be King of Ireland. (Before then, since the 12th century, the King of England had been overlord of the Lordship of Ireland, a papal possession.) Both Ireland and England had come in personal union with Scotland with the Union of the Crowns in 1603.

     In 1707, the Kingdom of England and the Kingdom of Scotland were united into a single kingdom: the Kingdom of Great Britain. Upon that union, each House of the Parliament of Ireland passed a congratulatory address to Queen Anne, praying that, "May God put it in your royal heart to add greater strength and lustre to your crown, by a still more comprehensive Union"[4]. The Irish parliament at that time was subject to a number of restrictions that placed it subservient to the Parliament of England (and following the union of England and Scotland, the Parliament of Great Britain).

     In the century that followed the union of England and Scotland, Ireland gained effective legislative independence from Great Britain through the Constitution of 1782. However, a rebellion in 1798, involving a French invasion of Ireland and seeking complete independence from Great Britain, descended into sectarian violence and ruthless repression by the Irish authorities. The British drive for union between Great Britain and Ireland that passed in 1800 was motivated at least in part by a desire to restore order to Ireland, end sectarianism (including the introduction of Catholic Emancipation) and to ensure that Ireland would not become a staging post for a French invasion of Great Britain.

 

2. Passing the Acts

     Each Act had to be passed in the Parliament of Great Britain and the Parliament of Ireland.

     After centuries subordination to the English, and later, British Parliaments, the Parliament of Ireland gained a large measure of independence by the Constitution of 1782. Many members of the Irish Parliament jealously guarded its autonomy (notably Henry Grattan) and a motion for union was rejected in 1799. However, a concerted campaign by the British government overcame the reluctance of the Irish Parliament.

     Only Anglicans were permitted to become members of the Parliament of Ireland, though the great majority of the Irish population were Roman Catholic, with many Presbyterians in Ulster. In the 1790s Roman Catholics gained the minimal right to vote.

     From the perspective of Great Britain, the union was required because of the uncertainty that followed the Irish Rebellion of 1798 and the French Revolution of 1789, which inspired the rebels; if Ireland adopted Catholic Emancipation, willingly or not, a Roman Catholic parliament could break away from Britain and ally with the French, while the same measure within a united kingdom would exclude that possibility. Also the Irish and British parliaments, when creating a regency during King George III's "madness", gave the Prince Regent different powers. These considerations led Great Britain to decide to merge the two kingdoms and their parliaments.

     The final passage of the Act in the Irish Parliament was achieved with substantial majorities, achieved in part according to contemporary documents through bribery, namely the awarding of peerages and honours to critics to get their votes. Whereas the first attempt had been defeated in the Irish House of Commons by 109 votes against to 104 for, the second vote in 1800 produced a result of 158 to 115.

    The Acts ratified eight articles which had been previously agreed by the British and Irish Parliaments:

• Articles I–IV dealt with the political aspects of the Union which included Ireland having over 100 MPs representing it in the united parliament, meeting in the Palace of Westminster. Ireland gained 100 seats in the House of Commons and 32 seats in the House of Lords: 28 representative peers elected for life, and four clergymen of the (Anglican) Church of Ireland, chosen for each session.
• Article V created a united Protestant church, the United Church of England and Ireland, but confirmed the independence of the Church of Scotland.
• Article VI created a customs union, with the exception that customs duties on certain British and Irish goods passing between the two countries would remain for 10 years (a consequence of having trade depressed by the ongoing war with revolutionary France).
• Article VII stated that Ireland would have to contribute two-seventeenths towards the expenditure of the United Kingdom. The figure was a ratio of Irish to British foreign trade.
• Article VIII formalised the legal and judicial aspects of the Union.

     Part of the attraction of the Union for many Irish Catholics was the promise of Catholic Emancipation, thereby allowing Roman Catholic MPs, who had not been allowed in the Irish Parliament. This was however blocked by King George III who argued that emancipating Roman Catholics would breach his Coronation Oath, and was not realised until 1829.

3. Union Flag

     The flag, created as a consequence of the union of the Kingdom of Great Britain and Ireland in 1800, still remains the flag of the United Kingdom. Called the Union Flag, it combined the flags of England (which included Wales) and Scotland with a "St Patrick's Cross" to represent Ireland.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.SUPREME COURT OF THE UK

     The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal cases in Scotland. The Supreme Court also has jurisdiction to resolve disputes relating to devolution in the United Kingdom and concerning the legal powers of the three devolved governments or laws made by the devolved legislatures. It is housed in Middlesex Guildhall—which it shares with the Judicial Committee of the Privy Council—in the City of Westminster.

     The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009. It assumed the judicial functions of the House of Lords, which were exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 professional judges appointed as members of the House of Lords to carry out its judicial business. Its jurisdiction over devolution matters had previously been held by the Judicial Committee of the Privy Council.

     Due to the doctrine of parliamentary sovereignty, the court is limited in its powers of judicial review, unlike the constitutional and supreme courts of some other countries. This means that it cannot overturn any primary legislation made by Parliament. However it can overturn secondary legislation if, for example, that legislation is found to be ultra vires of the powers in primary legislation allowing it to be made. Furthermore, under section 4 of the Human Rights Act 1998, the court may make a declaration of incompatibility which means that it believes that the legislation subject to the declaration is incompatible with one of the rights of the European Convention on Human Rights and such a declaration can apply equally to primary and secondary legislation. The legislation is not overturned by the declaration but powers under section 10 of the act are triggered to allow ministers to amend the legislation by statutory instrument to remove the incompatibility.

 

4.1 Jurisdiction

     The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems: England and Wales, Northern Ireland, and Scotland. (English and Welsh law differ only to the extent that the National Assembly for Wales makes laws for Wales that differ from those in England, and the two countries have a shared court system.) The Supreme Court acts as the highest court for civil appeals from the Court of Session in Scotland but the highest appeal for criminal cases is kept in Scotland. It may hear appeals from the civil Court of Session, just as the House of Lords did previously.

     From the Court of Session, permission to appeal is not required and any case can proceed to the Supreme Court of the United Kingdom if two Advocates certify that an appeal is suitable. In England, Wales and Northern Ireland, leave to appeal is required either from the Court of Appeal or from a Justice of the Supreme Court itself.

     The Court's focus is on cases that raise points of law of general public importance. Like the previous Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing—including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998. The Court also hears some criminal appeals, but not from Scotland as there is no general right of appeal from the High Court of Justiciary, Scotland's highest criminal court, other than with respect to devolution issues.

     The Supreme Court also determines "devolution issues" (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). These are legal proceedings about the powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, and the Welsh Government and the National Assembly for Wales. Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998.

     The twelve justices do not all hear every case; typically a case will be heard by a panel of five justices, but sometimes the panel may consist of three, seven or nine members. All twelve justices are also members of the Judicial Committee of the Privy Council, and spend some of their time in that capacity.

 

4.2 History

     The creation of a Supreme Court for the United Kingdom was first mooted in a July 2003 Department of Constitutional Affairs Consultation Paper. Although the report noted that there had been no criticism of the current law lords, or any indication of an actual bias, it argued that the separation of the judicial functions of the Judicial Committee of the House of Lords should be made explicit from the legislative functions of the House of Lords. First, it was concerned whether there is any longer sufficient transparency of independence from the executive and the legislature to give assurance of the independence of the judiciary. Looked at alternatively it was argued that requirement for the appearance of impartiality and independence also limited the ability of the Law Lords to contribute to the work of the House of Lords, thus reducing the value to both them and the House of their membership. Second, it was concerned that it was not always understood by the public that judicial decisions of "the House of Lords" were in fact taken by the Judicial Committee of the House of Lords and that non-judicial members were never involved in its judgements. Conversely, it was felt that the extent to which the Law Lords themselves have decided to refrain from getting involved in political issues in relation to legislation on which they might later have to adjudicate was not always appreciated. The new President of the Court, Lord Phillips, has claimed that their old position had confused people and that with the Supreme Court there would for the first time in the UK be a clear separation of powers among the judiciary, the legislature and the executive. Finally, it was noted that space within the House of Lords was at a constant premium and a separate supreme court would ease the pressure on the Palace of Westminster.

     The main argument against the court was that the previous system had worked well and kept costs down. Reformers expressed concerns that the historical admixture of legislative, judicial and executive power in the UK might conflict with the state's obligations under the European Convention on Human Rights. Officials who make or execute laws have an interest in court cases that put those laws to the test. When the state invests judicial authority in those officials, it puts the independence and impartiality of the courts at risk. Consequently, it was supposedly possible that the decisions of the Law Lords might be challenged in the European Court of Human Rights on the basis that they had not constituted a fair trial.  

     The reforms were controversial and were brought forward with little consultation but were subsequently extensively debated in Parliament. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court. The Government estimated the set-up cost of the Supreme Court at £56.9 million.

     The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009. It assumed the judicial functions of the House of Lords, which were exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 professional judges appointed as members of the House of Lords to carry out its judicial business. Its jurisdiction over devolution matters had previously been held by the Judicial Committee of the Privy Council.

 

4.3 Other Supreme Courts in GB

     The High Court of Justiciary, the Court of Session, and the Office of the Accountant of Court comprise the College of Justice, and are known as the Supreme Courts of Scotland.

     Before 1 October 2009, there were two other courts known as supreme court, namely the Supreme Court of England and Wales (known as the Supreme Court of Judicature until 1981), which was created in the 1870s under the Judicature Acts, and the Supreme Court of Judicature in Northern Ireland, each of which consists of a Court of Appeal, High Court of Justice and Crown Court. When the provisions of the Constitutional Reform Act 2005 came into force, those became known as the Senior Courts of England and Wales and the Court of Judicature of Northern Ireland respectively, to avoid confusion.

 

 

4.4 Justices

     The court is composed of the President and Deputy President and 10 puisne Justices of the Supreme Court. They are not subject to term limits, but may be removed from office on the address of Parliament. Like all British judges, Supreme Court justices are forced to retire at age 70 if first appointed to a judicial office after 31 March 1995, or at age 75 otherwise. The President and Deputy President of the court are separately appointed to those roles.

     Ten Lords of Appeal in Ordinary (Law Lords) holding office on 1 October 2009 became the first justices of the 12-member Supreme Court. The 11th place on the Supreme Court was filled by Lord Clarke (formerly the Master of the Rolls), who was the first Justice to be appointed directly to the Supreme Court. One of the former Law Lords, Lord Neuberger, was appointed to replace Lord Clarke as Master of the Rolls, and so did not move to the new court. Sir John Dyson became the 12th and final justice of the Supreme Court on 13 April 2010, becoming entitled at the same moment to the courtesy style "Lord Dyson".

     The Senior Law Lord on 1 October 2009, Lord Phillips, became the Supreme Court's first President, and the Second Senior Law Lord, Lord Hope of Craighead, became the first Deputy President.

     On 30 September 2010, Lord Saville of Newdigate became the first Justice to retire, followed by Lord Collins of Mapesbury on 7 May 2011, although the latter remained as an acting justice until the end of July 2011.

     In June 2011, Lord Rodger became the first Justice to die in office, after a short illness. On 11 October 2011, it was announced that Lord Phillips will retire early, effective 30 September 2012.

 

4.4.1 Acting judges

     In addition to the twelve permanent Justices, the President may request other senior judges, drawn from two groups, to sit as "acting judges" of the Supreme Court.

     The first group is those judges who hold 'office as a senior territorial judge': judges of the Court of Appeal of England and Wales, judges of the Court of Appeal of Northern Ireland and judges of the First or Second Division of the Inner House of the Court of Session in Scotland.

     The second group is known as the 'supplementary panel'. The President may approve in writing retired senior judges' membership of this panel if they are under 75 years of age.