Common law

Common Law

Session One: British Law in context

Different legal systems in Britain jurisdictions:

English law : England and Wales

Scot Law (X scotish law): Scotland

Nothern Irish Law: Nothern Ireland

British Law: many law and procedure are common to the whole nation

European Law: because Britain is still a UE member

Roman law is the system in Europe / Common Law is used in countries who speaks english

2 types of law: Civil law and Criminal Law (= "Droit Pénal").

Context impacts and influences law (culture, environnment, politic, history, socioeconomie, geographic...)

Grammaire:

Some information: information est tjrs singulier et invariable = '' O Information" ou "a piece of information" (un peu de conseil)

1. Geography, history, culture, society (p7, in The book)

Geography:

UK is an island country (cut of the countinent around 6, 100 B.C (Before Christ)

UK has Over 300 ports and has 12, 000km of coastline

- O Britain

- The United Kingdom (X O United Kingdom).

The English Channel (= La manche)  : protection, not easy to invade a specific society.

- Insular = narrow-minded, intolerant

Insularity has influence on the development of national identity (or identities), the state and the legal system.

The UK has immigration checkpoints at the ports of Calais ort Dunkirk.

Britain and Europe: Very old links w the influence of Roman Law. Britain is still in EU (join ECC in 1973)

Must respect European law made by the Parlement (Strasbourg), the Commission (Brussels), Court of Justice (Luxembourg)

Eurotunnel (1994): the end of British identity?

Technically is still an Island but this is possible to go from France to UK by car or train.

Britain isn't Europe for the british, they call us ''the continent'' or "the Europe"  

Brexit results: 23 june 2016 J. Cameroun made a referundum to stay or leave the UE and made campain to stay but the ''leave'' won by 51,89% (England wanted to leave (53,4%) when London wanted to stay  by 60%, Scotland wanted to remainin UE (62%) like the Nothern Union (55,8%)

- Turnout (= participation éléctorale)

After theses results J. Cameron replaced by Theresa May on June 24 (May was in favor of the "Remain").

The consequence is that Britain will no longer be submitted to UE law.

It tooked 2 years to leave the UE: Two years procedure with article 50 of Lisbon Treaty (2007). Theresa May activated it on 29 march 2017 and the UK should leave on friday 29 march 2019.

The deadline can be extended if all of the 28 EU members agree.

Soft or hard brexit? The relation are rought since the Brexit vote.

Brexit negociating teams: David Davis (secretary of state for exiting the UE) and Michel Bernier (UE chef registration).

Grammaire:

Pas d'article défini si la fonction est suivie d'un nom propre

O Prime Minister May

O President Obama

O Pope Francois

English law:

Law applies to a jurisdiction, a territoy (The british Isles, the UK...)

Territory:

The British Isles = Geographical term

An archipelago (archipel) of 6 000 islands: the largest are GB and Ireland, the smallest are Shetlands, Orkneys, Isle of Man (it's a tax haven = paradis fiscal), Hebrides, Isle of Wight and the Channel Islands (anglo-normandes: Bailiwicks of Jersey and of Guernsey).

The state full name is: The UK of GB and Nothern Ireland (= a political concept).

- Britain = term used in everyday conversation.

4 countries: England, Scotland, Nothern Ireland, Wales.

The Union flag (the official flag of UK) England + Scottland flags = Original Union Flag of 1606 and + Ireland = Current Union flag (1906?).

Centralization auround London, centre of political economic, institutional or cultural centre (the dominant centre).

UK is a centralized country, there are a centre and the periphery.

But since the 70's more autonomy given to the periphery, they want money and attention for develop themselves.

And in 1999: an important phenom the"devolution" with creation of a Scottish Parliament and a National Assembly for Wales.

Now,they have power in the making of law but UK don't become a federal state like USA.

Wales:

Independant kingdoms absorbed in 1282 by King Edward I of England.

Sporadic rebellions until 1536 when Wales was incorporated into UK.

Adjectif: Welsh / Nouns: Welshman, Welshwoman / Welsh language: Celtic

In the north there is the Isle of Anglesey.

English law applies to England and Wales (Between 1746 and 1967 England legally included Wales in the statistics of England territory). So the sentiment of nationalism is low.

Scotland:

Adjective: Scottish / Nouns: Scotsman, Scotswoman, Scots

Scotland is independant until 1707, have Parliament, Scots law, schools) but in 1603 there is an union of English and Scottish crowns under King James I (James VI of Scotland).

And in 1707: the Act of Union => one parliament = GB.

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