The system of law in the UK

1.

THE SYSTEM OF LAW IN
THE UK
Подготовила студентка 1 курса
группа 121-ЮБ
Чернышева Карина

2.

СОДЕРЖАНИЕ
• Введение
• Основа правовой системы Великобритании
• Правовая система Великобритании
• Структура, источники и основные группы английского общего права
• Политические партии и партийная система Великобритании
• Конституция США
• Прецедентное право Англии

3.

ВВЕДЕНИЕ
The legal system of Great Britain reflects the patterns of development of society, its
historical, national and cultural characteristics. The UK has its own legal system,
which has both common features with the legal systems of other states, and
differences from them, that is, specific features. For example, England is the only
country in which there is no basic legislative act (there is an "oral" constitution
consisting of statutory law and common law norms), besides, the British do not give a
clear definition of common law, referring to the fact that it is not recorded anywhere
and at the same time reflects the essence of English legal consciousness, the spirit of
justice.

4.

ОСНОВА ПРАВОВОЙ СИСТЕМЫ
ВЕЛИКОБРИТАНИИ
The concepts of law and the legal
system are correlated as part and
whole. If law is traditionally
understood as generally binding
norms emanating from the state, then
the legal system is a broader reality
encompassing the whole set of
internally coordinated,
interconnected, socially homogeneous
legal means (phenomena) through
which official (public) power exerts a
regulatory, organizing and stabilizing
effect on public relations, people's
behavior.

5.

ПРАВОВАЯ СИСТЕМА
ВЕЛИКОБРИТАНИИ
The legal system of Great
Britain has an original
character due to the
peculiarities of its formation
and development. It is one of
the most effective legal
systems of our time and
continues to have a fairly
tangible impact on the
legislation of the countries of
the Anglo-Saxon legal family
and countries belonging to
other legal systems.
There is no Constitution as a single legislative act
that establishes the foundations of the state system
in the UK. The country has an unwritten
constitution, composed of statutory law, common
law and norms representing constitutional customs.

6.

СТРУКТУРА, ИСТОЧНИКИ И
ОСНОВНЫЕ ГРУППЫ
АНГЛИЙСКОГО ОБЩЕГО ПРАВА
The structure of law in the
Legislation as a source of law is in a less
Anglo-Saxon legal family
advantageous position in the sense that an act of
(division into branches and
Parliament requires judicial interpretations, which
institutions of law), the
themselves become judicial precedents. Therefore, it
concept of law itself, the
would be simplistic to treat parliamentary
system of sources of law, the legislation as a source of law that stands above
legal language are completely precedent.
different than in the legal
systems of the RomanoGermanic legal family. In
English law, there is no
division of law into public and
private.

7.

ПОЛИТИЧЕСКИЕ ПАРТИИ И
ПАРТИЙНАЯ
СИСТЕМА ВЕЛИКОБРИТАНИИ
The most important purpose of political parties is to participate in elections. In the
UK, there is a two-party system, i.e. the main struggle forRepresentation in
Parliament and in local authorities is carried out by two main political parties. Today
it is the Conservative Party and the Labour Party. It is these political parties that have
alternated in power for many decades. The legal basis for the activities of political
parties is the Constitution (in terms of the political rights of citizens) and current
legislation regulating certain aspects of their activities, mainly financial. In the UK, as
in other European countries (Germany, Austria, Sweden, Portugal, France, Italy), in
2002 A separate law regulating the activities of political parties has been adopted ("On
political parties, elections and referendums").

8.

КОНСТИТУЦИЯ США
The Constitution of the United States of America, adopted in 1787, is still in force in
the country - with 27 amendments to it.Its adoption was due to economic, political,
social and ideological circumstances: the economic difficulties of the post-war period,
the threat of a new civil war, the need to consolidate the states and centralize power all this required the creation of a single state.The Constitution was adopted by the
Constitutional Convention, which was convened in 1787. in Philadelphia and to
which the states sent 55 of their delegates.Almost all of the delegates had experience
in state legal work or business activities. Prominent among them were A. Hamilton, J.
Washington, D. Madison, E. Randolph, D. Wilson.The US Constitution is based on the
principle of separation of powers into legislative, executive and judicial. It is very
concise, many of its articles are general in nature; hence the exceptional importance of
its interpretation, which is the prerogative of the US Supreme Court.

9.

ПРЕЦЕДЕНТНОЕ ПРАВО АНГЛИИ
Case law occupies a central place in the legal family
of common law. First of all, there is a rule according
to which, when considering a case, the court finds
out whether a similar case has been the subject of
consideration before, and in case of a positive
answer, it is guided by the already existing decision.
Once a decision is made, it is a mandatory norm for
all subsequent similar cases. This general rule needs
to be detailed, since the degree of binding
precedents depends on the place in the judicial
hierarchy of the court considering the case and the
court whose decision may become a precedent in
this case. Judicial precedent is the main source of
English law.