British Institutions

2019DrtBIGP1

I- Common Law : origins and definitions

The general system of law, its sources and its particular st of rules establshed in England and Wales.

4 definitions differents :

1. Common Law historical meaning

2. Common Law equity
3. Common law and civil law
4. Common law and statute = loi une fois qu'elle est votée. Loi écrite.

1. Common law developed after the Normand Conquest in 1066. Until this date, the law was
administred, anglo saxon custom, so invaried localy. The royal course of the norman kings
developped rules which wer the right from the best of thoose custom. Then these rules became
applacable to the whole country and the law became common to the whole country. In 1066 the
Normands introduct a centralizes administrative system but they did'nt impose a new law. They
preserved the customary system . During this period the law was administred by the aristocraty, the
sherifs and the chruch. Still there was a central wich was called curia regis or king's council or the
royal court which was reserved for the members of the royal family and rich people. It was a
itinerant court so its time the king went somewhere, the court followed him. These court was
suppressed in 1215 by the Magna Carta, the nex law. And a new hight court was etablished in
London. King Henry II developped a from of judicial centralization, he decided to choose the best
laws in the country, to apply too the whole wountry. This is the origin of the Common Law.

2. Common Law oppose Equity = As common law became formaly etablished, it's strict rules of
proof resulted sometimes in injustice. In order to remedy search injustice, the law of equity was
adopted which was administred in a different court : the court of chancery.
Equity is the part of the common law system than previte remedies over damages.
Injunction when the judge forcesone of the parties to perform th contract.
Specific performance : when a judge can ask a party to do something specific.
Rescission is a cancelation of the contract.
In 1873-75 the judicature act which created a reform judge system.

3. Common Law oppose civil law : Refers to the English legal system adopted by many former
Commonwealth countries. (U.S, India, New-Zeland, Australia). And Civil Law = Refers to the
European continental system of law derived essentially from Ancient Roman Law.
Common law is a judge centred pragmatic approach of law. Judge make the law. It concentrates on
remedies.
Civil Law it is a codifed body of general abstract principles controlling the exercice of judicial
discretion judges interpret the law. It concentrates on rights.

CAESAR AND BRUTUS

tableau

4- Common law and statute = Common law is based on judicial decisions made by th court, these
decisions are xalled Case Law. Asopposed to the legislation coming from the parlement which is
known statute law.
Statutes or act are written laws and common law is based on case law.
The doctrin of binding precedent or stare decisis is central in common law. It means that a decisin
taken by hight court will be binding on a lower court.

Supreme court
Court of appeal
Hight court
Magistrate courts.

The ratio decidendi = la règle de droit and obiter dictum =c'est le reste.

II- The british Constitution

The constitution it's a body of rules that regulates the governement of a case a state or a nation. This
body of rules defines the methods by which power may be exercised.
For most states the constitution is codifed and contained in one single retend document This is not
the case fr th UK which is an uncodified constitution.

Key features of the british constitution =

– unitary state
– a constitutional monarchy
– parliamentary sovereignty
– representtative democracy
– the rule of law = no sanction without breach – no one is about the law – individual rights
are not secured by a written constitution but by judicial decisions in ordinary law.

The composition of the british constitution:

Five elements :
– statutes = act of parlement.
– judicial precedents = law reports, decision taken by the Court
– conventions = are unwitten customs and practicies for exemple, the price minister most be
and elected members of the hight court
– parliamentary privileges =
– E.U law (until brexit) = 1973

*The firt important text is a Magna Carta. Was in 1215, this law says that the law is superior to the
King, it also says that a King canot impose taxes without the consent of the parlement and in
garanties that no person shoud be and prison without a lawful judgement.
*Habea Corpus 1679 sort of prolongation of the Magna Carta garanties by statutes the right against
arbitary.
*Bill of right, 1689, it puts an end to many of the king power, the king can no longer levy mony
without the consent of parlement and the king can no longer keep and army times of peace. Aslo
acertides the principal og freedom of peach in parlement.
*Act of settlement 1701, independence of judges, and it stated tha only an protestant can become a
King or Queen.
*Act of union, the first one is 1707 scotland gave up it's independence. The next is 1801 wich
achieved the union between Freat britain and Ireland.
*The representation of the people acts, 1832,1867,1884,1928, reforms the electoral systems and it
progressively extented the franchise.
*Parlement act 1911, limited the power og the house of lords. Limited its rights to veto and delay
bills.
*The statute of Westminster 1931, Created the commonwealth and colonies became independent.
*Communities act 1972, when UK became a member of the european community.
Human Right act, 1988, introduce british law the right and freedom garanted and the european
connvention of human right.
*Scotland act, 1998 and government of wales act, Scotland and Wales obtined the right to have their
own governement and parliament, devolution.
*House of Lords Act ( équivalent du sénat), 1999, This Act reduce the number of herediltary pairs
from 1000 from 92 members.

III- The Monarchy

A- Historical background

The monarchy is the olders institution and governement in the UK and the Magna Carta was the
first attempt to limit the King's absolutism. The king's believed that they ruled by divined rights ans
they were executive monarch until Charle I. Legislation.
Than the civil war in england and the execution the Charle 1 un 1649 led to acceptance oh the
supremacy of Parliament.
1649 to 1660 England was a Replublic. The supremacy oh the parlement was etablish in 1689 with
th bill of right and it was accepted by William and Mary after the glorious revelution in 1688.
Then a developpement of political parties and the emergences of Prime Minister figure in the XVIII
century, together spread of the franchise (droit de vote élargit à tous) led to the constitutional or
monarchy that we have today.
The british monarchy that the constitutional one, which mean that the queens reign but there’s not
rules. The powers and the duty of the king are defined and limited by rules of law and convention.
The constitution is unwritten, it’s not contain in a single document.
For several centuries, the British monarch exercice supreme executive, legislative and judicial
powers. But with the growth of Parliament and the creation of an independent judiciary, the direct
exercise of these prerogative functions decreased. The British queen personify the state, in law
she’s the head of the executive, she’s an integral part of the legislature, the head of the judiciary, the
commander in chef of all the armed forces and the supreme governor of the church of England. That
means all the business of the government is made in the name of the monarch. Yet, she has in fact a
little real power.

The monarch has 3 principal rights :

– right to be concerted
– right to encourage
– right to warn
She has a stabilizing and unifying influence. She’s the guarantee of continuity.

Distinction between monarch and crown : Monarch is the occupant of the crown, the person
whereas the crown is the impersonal legal concept. The symbol of the power exercice in the name
of the monarch.

B- The role and power of the queen

Those powers are the same as the powers of medieval kings.

The main difference is that the monarch exercices the royal prerogative on the advice of Prime
Minister. With one exception, the appointment of the Prime Minister.
1) Powers relating to the P and Government

The first function of the Queen is to summon, prorogue, desalted the Parliament but today it’s
different, she needs to ask the Prime Minister. Each new session of Parliament is open by the queen
with the speech from the throne gaveling the house of law, prepare by the PM and presenting the
program of the government for the Parliament to recession. For a bill become an act the queen
needs to leave her royal assent. The queen appoint the leader of the political party but, by
convention, she chooses the leader of political party, who had the majority seats in the legislative
election. The right to become salted is that the queen must be inform and consulted that means that
she receives the important information of the government. She has also the possibility to encourage
and to warn. Every week she needs the PM, who brief her on the activities on the government.

2) Appointments and Honours

The queen is the sole fountain of Honours, she creates peerage and she confers knighthoods. She
also appoint the ministers, the judges, the holders of public office, the senior churchman, the
members of the diplomatic courts and the signer offices of the army, always on the advice of the
PM.

3) Powers relating to the judicial system

She’s the fountain of justice. All the criminal prosecutions are brought in the name of the crown.
And on the advice of the home secretary, the queen has the royal prerogative of mercy or she can
reduce the sentence of a criminal. As she’s the head of the army, she has the power to conclude
treaties, to declare war or to conclude peace. She’s also travel abroad to developing diplomatic
relationship.

4) Immunities and the Crown Proceedings Act 1947

This act says that the queen, as a private person, can do not wrong so she can’t be sued in the court
of law. She has no voting right, she pay taxes for her personal houses.
« The queen reigns but not rule »

IV- The Executive branch

A- The governement: composition functioning

It’s composed by :
– the crown
– majesties government composed by the body of ministers
– central government department that is the professional or administrative part with their staff
or permanent official who are civil servants who are responsible for implementing
government polities.

The government department are situated in one hold. By convention, the government is formed by a
political party who had a majority of seats in march of common. The PM chooses the ministers and
the queen appoints them.

At the top of the hierarchy, there is the Prime Minister, and then, there are the ministers split into 3
levels : the cabinet ministers which are the secretary of state, the non-cabinet ministers which are
known as minister of state and usually don’t seat on the cabinet and the junior’s ministers which are
known as parliamentary under secretaries, they assist ministers.
B- The cabinet (= conseil des ministres)

a. Composition

They are no fixed number of members, but they are between 18 and 22. By convention, it’s
composed by the law chancellor, the home secretary, the foreign secretary, the chancellor chess, the
secretaries of trade and industry, social services, workers and Scotland and Wales. The cabinet meet
quickly the cabinet committees. Until 1992, the composition of the cabinet was secret because they
wanted to protect.

b. Cabinet committees

2 types of cabinet committees : - Standing committees : regular function. - Ad hoc committees :

rarely summoned
They are minister, civil servants and experts. Their main functions is to examine the details of
subject. Their decision has the same validity as a cabinet decision.

c. Role and function of cabinet

It’s the center of the government who has an enormous power, all the major decisions and every
executive initiative are taken by the cabinet. The Prime Minister is the « churchman » of the
cabinet, he has the power to hire and fire ministers. He fixes the cabinet agenda, he controls the
flaw information, he decides the composition of the commotions. In case of conflict, the Prime
Minister always has the las word.

d. The cabinet office

It’s the hub of the central government machinery who applied the decision of the cabinet. It’s under
the direction of senior civil servant with the secretary to the cabinet. The cabinet office is also the
cabinet communication center : central statistical office and also the joint intelligent comity which
is know as MI5, MI16. e. Collective and ministerial responsibility
The cabinet is expected to act as a hole, he should be united in front of the Parliament, in front of
the country. If a minister disagree, he must resign. He has to respect the secrecy, the solidarity and
the resignation. Each minister is countable to the Cabinet, and to the Parliament for the implantation
of it. The Parliament inter needs to vote of confidence to the government, if they don’t, the queen
will dissolved the Parliament and the Prime Minister will beside.

f. The shadow cabinet

The British executive system is divide in 2 parts : On the one hand, we have the party who obtain
the higher number of votes, and in an other hand we have the majesty’s opposition. It’s the
opposition equivalent to the cabinet of the Parliament which criticise. The leader of the opposition
is assisted by a shadow cabinet. The opposition is in charge to propose an alternative government
for the next elections.

Secretary of state (= ministre), ministers (= secrétaire)

PRIME MINISTERS UNDER THE QUEEN’S REIGN :

•Winston CHURCHILL (1951-1955)

•Sir Anthony EDEN (1955-1957)
•Harold MACMILLAN (1957-1963)
•Alec DOUGLAS (1963-1964)
•H. WILSON (1964-1970 ; 1974-1976)
•Edward HEATH (1970-1974)
•J. CALLAGAN (1976-1979)
•Margaret THATCHER (1979-1990)
•John MAJER (1990-1997)
•Tony BLAIR (1997-2007)
•Gordon BROWN (2007-2010)
•David CAMERON (2010-2016)
•Theresa MAY (2016-…)

V- The legislative branch

The supreme legislative authority in the UK is the queen in Parliament and the 2 houses of the
Parliament : the House of Lords and the elected House of Commons. The 2 chambers system is an
integral part of the British parliamentary government and even if the houses seat separately, their
mains duties are the same. There are 4 mains duties : to passed laws, to provide by voting taxation
the financial means of caring on the work of government, to scrutinizes the government policy and
administration and to debate the great political issues of the day.
By custom, the Parliament is also concerted before the ratification of an international treaty. Then,
the treaty must be incorporated into the law of the UK by an act of Parliament before they can
become enforceable (=applicable) in front of the British courts.
Over the centuries, the balance of power between the 2 houses has change considerably and today
it’s the House of Commons which is the most powerful because its members are elected. The
House of Lords is a revising chamber.
Until the XIX century, lords and commons worked in harmony. The XVIII century system was
essentially based on the holding of property and the lords and the commons represented the great
landowners. The leading members of the political parties were usually members of the House of
Lords and the Prime Minister as well. In 1911, the Parliament act shorten the limited life of
Parliament for 5 years and it suppressed the powers of the House of Lords to veto legislation and it
reduce its delaying power to 2 years? Now, this has been reduce in 1949 to 1 year.

A. The House of Lords

The House of Lords is composed by 740 members who are not elected and who don’t represent a
special area. There are 3 ways to became a member of the House of Lords : the hereditary principal,
the elevation to the peerage by the queen and if you’re a senior churchman of the church of
England.
The House is divide in 2 mains groups :
– Lords spiritual (26) : bishops and archbishops of the church of England because it’s the
established church of the state. These people are members of the House of Lords until they
retire.
– Lords temporal :

- Life peers (650) : they’re appointed for life. They are the majority of the Lords. They’re appointed
by the queen on the advice of the Prime Minister. Usually, they’re important people who made
something important for the country (ex : Paul McCartney)

- Elected hereditary peers (92) : before 1999, it was called the House of Lords act, they were 100,
but that was considered as undemocratic, and then, they were reduce to 92.
In the elected hereditary peers, there are :
 – 15 office holders : deputy speakers, deputy chairmen elected by the House - 75 party and
cross-bench members, elected by their parties
– 2 who hold royal appointments : the Lord Great Chamberlain (Queen’s representative in the
Parliament), and the Earl Marshall (responsible for the ceremonies).
You can’t become a Lord if you
– Are a foreigner
– Have less than 21 years old - Have an undischarged bankrupt
– Have been convicted of trahison
Before 1957, there were no women in the House of Lords, they were forbidden to seat. But in 1957,
there was the Peerage Act who authorize the women in the House of Lords. Today, there is 20 who
are hereditary peers. On average, there are 400 people.
The peers receive no salary, but they can have some traveling expenses and they have the right to
have a secretary to help them in their parliamentary work.
The House of Lords meets about 150 day/year. It’s a self regulatory body. All the members are
equal and there exist no power of control by the speaker. The members don’t address themselves to
the speakers but directly to the other members. And each time you want to speak, you have to say
« noble laws » before start speaking and refer to the 3rd person. The House of Lords is advised on
procedure by the leader of the House who’s a member of the cabinet appointed by the Prime
Minister. He’s the government spokesman in the house.

The functions of the House of Lords :

– Making laws
– Considering delegated legislation
– Examining the work of the government
– Caring out the important comity work - Providing a forum for debate on matter of public
interest
For the legislative functions, the House of Lords can initiate and revised draft legislation. When
they scrutinies the activities of the government, the House of Lords prepare a list of question which
contains starry questions that require a written answer by the government and unstarry questions.
At the beginning of each sessions, they began with the starred questions during 25 minutes.
Groups and seating : government benches, opposition benches, liberal democrat benches, cross
benches, bishop’s benches, the throne and the woolsack (lord chancellor’s seat).

B. The House of Commons

The House of Commons is the most important parliamentary institution in the UK and since the
parliament act in 1911, it’s the powerful.

The House of Commons is composed by : - 650 members of parliament (MPs) : they’re directly
elected by the people in a general election which takes place every 5 years. There is only one ballet
and a simple majority vote determines the winner. The MPs are elected for 5 years but it can be
shorter if the Prime Minister decide to dissolved the Parliament.

- A speaker : When the Parliament has been elected, they’ll choose their President who’s the
speaker. He or she presides over the debate, he’s responsible of parliamentary discipline and he
keeps the agenda. It’s a highly respected position and he has a great authority in the democracy.
Every year, the Queen open the Parliament by delivering a speech from the throne in the House of
Lords where all the members of the House of Commons are present. In this speech, written by the
Prime Minister, she announces the majors plans by the government.

- Whips : the leader of each party who appoints a whips who are responsible for the party discipline
that means that they tell the MPs how they should vote (also called a division). - Shadow Cabinet
(her majesty’s opposition) : The 2nd largest party in parliament is called the majesty’s opposition.
The opposition leader sets up a shadow cabinet which is a cabinet but with merger of the
opposition.
A division : Aye lobby / No lobby : the vote is a physical vote : 2 rooms yes/no. There is a teller
who’s going to count how many people there are on the rooms.
They enjoy parliamentary privileges and freedom of speech, that means that no MPs can be
prosecuted for what he says in the Parliament. The objective is that the MPs can tell they own real
thinking, they’re free to say what they thinking. But that immunity only works inside the
Parliament.
The 3 functions of the House of Commons : - Control the government policy and ministers have to
answers the questions of the MPs at question time. - Control the budget - Passes legislation C. How
a bill becomes an act.
A bill must go different stages : there are public bills which affect the public in general and modify
the law and there are private bills that are about a particular right. There are private members bills
which are introduce only by one MP. Before a bill is imagine, there is a concertation by all the
interested groups.Then, there is the crafty of the bill and it goes to the parliament.

> The first reading is a formality when the title of the bill is read and introduce in the House of
Commons.
> The second reading is a debate between the government and the opposition on the principal of the
law and then, this is followed by a vote.
>The committee stage will exam in details the bill who goes to a committee of MPs and they’ll
amend it.
> The repost stage is when the committee report its study and amendments. There is debate on the
amendments. If the amendments are accepted, we go to the next stage. If it’s not, it goes back to the
committee stage.
> The third reading is the final review of the bill in its amended form followed by a vote. Then the
bill is presented to the second house and then, it’s presented to the Queen for the royal ascent. When
the Queen has sign the law, it become a law of Parliament.
The rule of sovereignty of Parliament covers 3 aspects :
– The Parliament is the sole law making body : only the Parliament can make laws
– The Parliament can make any law on it wishes on any matter
– No one can challenge an act of Parliament in front of the courts
D. Devolution (décentralisation)

Devolution is the transfer of function from the central government to regionally elected assemblies.
It concerns the three nations : Norther Ireland, Wales and Scotland.
In 1707, Great Britain was formed as the result of the act of union between Scotland, England and
Wales. This act murge Scotland and England existing Parliament? However, Scotland kept its legal,
educational and church system. Ireland was conquered by Cromwell and in 1800, the UK was
created following the union with Ireland. But there was a rebellion of Irish catholics which let to the
separation between the north and the south of Ireland. The north decided to stay in the UK, whereas
the south became a republic.
Scotland and Wales voted in favor of regional assemblies for a referendum. This assemblies were
elected for 4 years with the form of proportional representation.
1998 :
– Scottish Parliament (129 members)
– Welsh Assembly (60 members)
– has less powers.
– Norther Ireland Assembly
The debate are conducted by a presenting officer and the executive haded by the First Minister
(présidents de régions : écosse et Irlande du nord) is accountable to the assembly. The Regional
Parliament enjoys transferred powers on education, health, the environment, social services,
housing,… West minister has some reserved powers (as exemple : eco policy, emigration, foreign
affairs).
Norther Ireland : From 1921 to 1972, there was a Parliament but the protestant unionist were over
represented. This Parliament was suspended, then in 1998, the Norther Ireland Assembly was setter,
it has 108 members and this Parliament has across community support. The executive is also haded
by a Prime Minister and it has the same power the Scottish Parliament.

E. European law

As a member of the European Community, they have to follow the acts of that community. They
must accept that European laws are over the national laws. They became member in 1973.
The 4 important treaties are :
– Treaty of Paris
– Treaty of Rome - Treaty of Maastricht (1993)
– Treaty of Nice (2003)

VI. JUDICIAL BRANCH

A. Classification of English law

It can be classified in 2 major types :

– Private law : a law can be set to be private when it deals with the legal relationship among
ordinary persons in ordinary everyday activities. It also deals with the legal relationship
among corporate bodies (= entreprise), generally considered as legal personalities and
associations. It includes contract and commercial law, tort law, family law, trust en property
law and intellectual property law.
– Public law : Deals with the sale and distribution of good and services and the financing of
credit transactions.

> Private law :

1) Contract and commercial law
The contract law concernes the whole body of laws dealing with contract transactions between
parties. A contract is any agreement made between the parties creating enforceable (applicable) and
recognizable obligations at law. The parties are believe into contract voluntary.

2) Tort law (délit civil)

It deals with civil wrongs, for which remedies may be obtain often in the form of damages. It’s a
breach of a duty impose by the law on everyone, but unlike in contract. It’s not by voluntary
agreement. In other word, a tortfeasor doesn’t voluntarily end the tale of the lie abilities and
responsibilities impose on him bu the law. Generally, all the torts concerned an injury by one person
on an other.
– Nuisance
– Injury by negligence
– Trespassing
– Slandering = when you speak, oral or write.
– Libel

3) Family law

It deals with the legal aspect of family issues like divorce, adoption, custody, guardianship…
4) Trust and property law

Property law is concerned with the ownership and transfer of ownership of property from one party
to an other. A trust occurs where a party hold property for the benefit of and other party. Parents
generally appoint trustees. The trustees have no final interest one the property, they’re essentially by
the managers of the property and the professional trustees are paid for that services.

5) Intellectual property law

Deals with the category of intangible rights, protecting product of commercial value created by
human intelligent. This category of law includes trade marks, copyrights, patent rights, trade secret
rights, publicity rights, moral rights and rights against unfair competition.

> Public law : a law can be public when it deals with constitutional issues, and issues relating with
the function of the government as an institution. It deals with the relationship between individuals
and the government. It covers 3 areas :
– Constitutional law
– Administrative law
– Criminal law
Generally, the objective of public law is the deterrence from unlawful activities and retribution
which is the punishment.

Major division between criminal law and civil law :

– Criminal law deals with the legal rules and punishment by the states. It regulate the way in
chichi suspect investigated, apprehended, charges and brought to trail.
– Civil law includes all private law and all public law expect criminal law. It deals with the
private relationship and disputes between individuals and parties. And its aim is to right a
wrong.

There is a difference. It’s not on the act but on the consequences of the act. If an act can be
followed by a criminal proceeding, it means that it’s considered as a crime. In the other side, if it’s
not, it’s considered as a right a wrong . Some act can be followed by both proceeds.
Criminal and civil suits defer in the proceeding and in tried in different court. A persecutor
prosecutes a defendant, if he’s guilty, hd’s convicted and he can be punished by custodial sentence
(prison) or non custodial sentence (like community services = travaux d’intérêt généraux) or it can
be discharge without the sentence. In a civil case, a claimant brings a claim against the defendant.
If the claim is successful, the defendant has to pay damages or to perform something, the orders of
the court are known as remedies and can be some legal or equitable remedies. In criminal
proceeding, we talk about guilt, in civil proceeding we talk about liable.

B. The court system

Magistrates court deals with criminal proceeding but it has also a juridiction for family cases and
it’s also a youth court.
Crown court : 1st instance of indictable offenses. There is a jury.
Tribunals : mainly dealing with cases of immigration, social security, hunches, taxes and lands.
County court : majority of the civil litigation.
High court : 3 divisions - Queens bench division : deals contract and tort and commercial tort.
There is an administrative court.
– Family division : family issues.
– Chancery division : trust, bankruptcy, companies court and patent court.
Court of appeal : civil division : tribunals, county courts.

VII- LEGAL EDUCATION IN GREAT BRITAIN

There are 2 types of lawyers :

– Solicitors : qualified legal practitioner. He’s a professional litigator. He consults with the
client, he advices him, he carries out legal investigation. He channels the client case to the
proper legal specialist. He deals essentially with properties. That means he does
conveyancing (fonction principale des notaires) but also the righting of wills or contracts of
sale. Sometime he can represent a client in court but only in the lowest court. 90 000
solicitors and the law society of England and wells is a very powerful trade union. To
become it, you need to have a law degree followed by LPC (one year legal practice courses).
If you studied something else than law, you have a year of educational training before being
admitted to the LPC. After LPC, 2 years of daily program where they form solicitors. Then
you can apply to the law society to be admitted. You can practice in a farm or in a company.

– Barristers : lawyers who have the right to plead in the higher court. They also give concile
to their clients complexe issues. The organisation to each to have to belong is the bar
concile. There are bought 14 000 in the UK. And more than half practice in London. You
can become it you need a law degree or you have to take one year conversion courses which
is know as the commun professional examination courses. Which takes place mostly in
London. Then you need to take a full time above Bar vocational Course of where you have a
practical legal training. After this, you have to attend one of the Inns of Court, which is only
in London, for one year. The last step it’s what’s called the Pupi Llage, for one year, you’re
just observe during 6 months and then you can practice with a qualify lawyer during the rest
of the year. If you success, you can become a barrister. You have to choose the region.

Judges are divide in 2 categories :

> Juniors : the youngest

> Queens counsel : they’re the most talented barristers who can apply to become this and they will
be appointed by the queen. If you become this, you’re allowed to wear silk and they are title on
buckle shoes. They deal with the most context cases.

There are 2 types of judges :

– Magistrate : it’s a non professional who seats in the magistrate courts. It’s a part time job,
they’re not paid, then they’re volunteers. They’re selected : you need to apply with
references, then there is an interview and a short training period. There are about 600
magistrates court in UK and thirty thousand magistrate. Usually they’re seat by 3, and they
can be help by a justices clark for the legal aspect of the jurisdiction. They deal with the
majority of minor criminal cases, family matters and youth court. In some big cities, the
qualify lawyers can become magistrate, in that case they have a full time, alone, and they’ll
be paid.
– Judges : they seat in the all other court. To be a judge to the inferior court, you have to have
been a lawyer during 7 years. Then if you want to seat in the crown court, you need a 10
years experience and you’re appointed by the queen for 3 years. Often, the judges are
recorders. Then you have the superior judges, who seat in the last 3 courts. They’re also
appointed by the queen. Always on the recommendation of the PM or the law chancellor.
They also need to have 10 or 12 of experience. Most of them are QCs.