Harley Davidson Trial

Contents
Introduction………………………..………………………….…... 2
1 The nature of law. ………..……………….………………….. 5 1.1 Historical background……………………………………….. 6
1.2 Trial by jury……..……………………….…………………...7
1.3 Magna Carta…………………………………………………. 8
2 Administration of justice in Britain…………………………...9
2.1 The English law……………………….…………….…………9
3.2 Scots Law……….……………………………………….…. 9
3.3 The Parliament of the United Kingdom………...………….11
3 Classifications of law…….……………………………………13
3.1 Civil law……………………………………………………...14
3.2 Criminal law……..…..……………………………………….14
3.3 Constitutional law…………..……………………………….15
3.3.3 State and legal structure……..……………………………..15
3.4 Administrative law…….….…………………………………16
3.5 Common Law…………..……………………………………16
4 The court system in England and Wales……………………..18
4.1 Magistrates ' Courts……..……………………………………18
4.2 County Courts………..……………………………………....18
4.3 Crown Court……….………………………………………..19
4.4 The Court of Appeal………………………………………..19
4.5 The Supreme Court…….……………………………………20
5 The judiciary. Law officers and the legal profession………….20
5.1 Judicial Neutrality …….……………………………………21
5.2 Law officials……….………………………………………...22
5.2.2 Lawyers( barristers and solicitors. )……..………………..22
5.2.3 Judges ……………..………………………………………23
5.2.4 Government legal officers…….…………………………23
Conclusion………………………...…………..………………….25
Appendix A………………..……………………………………..29
Appendix B………………...……………………………………..30
Appendix C……………..……………………………………….31
Bibliography……...……………………………………………….32

INTRODUCTION

Justice means different things to different people, so it is very hard to define. Generally it means fairness and equality. Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, there are many aspects of justice that we may question about; i.e.: is a particular law just? Is the legal system just? Much of the issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result? Justice has a definition as follows: 'The quality of being just or fair, the act of determining rights and assigning rewards or punishments ' Webster 's dictionary. This definition of Justice is vague andwill be discussed further. One must take into account that the issue of justice also has other elements drawn into it: i.e. morality and justice. These theorists bring greater depth of explaining the significance of the objectives of Law in the English legal system, and also emphasises on how justice is expressed. For example, justice can be inherently linked to moral obligations in which the theorist Devlin lays down this view. We can further discuss the significance of the objectives; the theory of Natural Law. It is based on the idea that there is a divine source of Law, which is superior and based on moral rules, and that therefore Law and morality should absolutely reflect each other.
Today there still exists a big question: why do individuals obey the law? Is it from fear of persecution, from genuine conviction or for prudential and utilitarian reasons? Of course, morality and the law may coincide, but not necessarily. Using morality as a guide to what should be subject to legal intervention is problematic. The difficulty, of course, lies in defining what is immoral. Religion may give guidance, but not all members of a society will necessarily agree on what is, or what is not, immoral. Attempts have been made to identify criteria against which to judge whether conduct should attract legal intervention. For example, John Stuart Mill said: the only purpose for which power can be rightfully exercised over any member of a civilized community against his will is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. But this principle in itself calls for judgments as to what constitutes harm and who falls within the category of ‘others’ [3, p.72].
Morality may underpin law, for example, the law of contract may be seen as based upon the moral principle that a person should fulfil his promises. Theft is considered immoral and is also illegal, being a criminal offence under the Theft Act 1968. However, not every immoral act will constitute a criminal offence or a civil wrong. For example, prostitution may be considered immoral but being a prostitute is not a crime in itself; however, many activities associated with prostitution are criminal, e.g. soliciting. It is arguable that morality is not the key for recognising law. Indeed, a law which is considered to be immoral may nonetheless be law. On this view morality does not, therefore, determine what is to be considered law. The study of the English legal system involves two different, but related processes. First we must learn a large body of factual material about the fundamental concepts of law, understand other substantive modules, such as Contract, Tort, and Criminal law. This information contains the ‘basic tools’ that anyone needs to start to understand law and how it operates, the way the English legal system is organized. Second, such knowledge is essential to the next process which involves a critical evaluation of the operation of law and its institutions; it is one thing to say what the law is, but quite another to explain if the law or an institution is operating effectively. A sound knowledge base is needed to found critical studies of the legal system or of the ‘law in action’. And this essay seeks to provide an overview of the law and the English legal system, introducing fundamental legal concepts and the basic terminology of law. Generally, talking about The United Kingdom, here it’s important to mention that this country does not have a written constitution. Article 19 of the Treaty of Union, put into effect by the Acts of Union, created the Kingdom of Great Britain but guaranteed the continued existence of Scotland 's separate legal system. The Acts of Union of 1800, which combined Great Britain and Ireland into the United Kingdom of Great Britain and Ireland, contained no equivalent provisions but preserved the principle of separate courts to be held in Ireland, of which the part called Northern Ireland remains part of the United Kingdom.
The equivalent body of law in the UK is based on statute, common law, and "traditional rights." Changes may come about formally through new acts of parliament, informally through the acceptance of new practices and usage, or by judicial precedents. Although parliament has the theoretical power to make or repeal any law, in actual practice the weight of 700 years of tradition restrains arbitrary actions. Executive government rests nominally with the monarch but actually is exercised by a committee of ministers (cabinet) traditionally selected from among the members of the House of Commons and, to a lesser extent, the House of Lords. The prime minister is the leader of the majority party in the Commons, and the government is dependent on its support.
Parliament represents the entire country and can legislate for the whole or for any constituent part or combination of parts. The maximum parliamentary term is 5 years, but the prime minister may ask the monarch to dissolve parliament and call a general election at any time. The focus of legislative power is the 650-member House of Commons, which has sole jurisdiction over finance. The House of Lords, although shorn of most of its powers, can still review, amend, or delay temporarily any bills except those relating to the budget. Only a few of the 1,200 members of the House of Lords attend its sessions regularly. The House of Lords has more time than the House of Commons to pursue one of its more important functions--debating public issues.
The judiciary is independent of the legislative and executive branches but cannot review the constitutionality of legislation. I chose exactly this topic because I have alwaysbeen very interested in the organization and functioning of the law system. And the purpose of our research is to describe British legal system, to identify sources of law and explain different processes of law-making, understand various meanings of the term Common Law, outline the structure, composition, and jurisdiction of the courts. The aim is also to show the difference between a crime and a civil wrong, analyze the effectiveness of law people and compare and contrast the roles played by the judiciary, lawyers and Government legal officers in the English legal system, since the contribution of almost all court personnel is essential in the effective functioning of the English legal system.; And finally, find out what evidence is there of the pursuit of justice in the English Legal system.

1 THE NATURE OF LAW

Law - a rule or system of rules recognised by a country orcommunity as regulating the actions of its members and enforced by the imposition of penalties. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people.
Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. As for the essential nature of law and its scope in a society, it appears to be a never ending debate between jurists, philosophers and politicians. One school of thought, epitomized by the work of John Austin(1790-1859), claims that law has nothing to do with justice or morality because it serves the ones in power. On the other hand, other schools of thought envisage two sorts of law. One connected with morality and one independent of it.
It is said that In its majestic equality, the law forbids rich and pooralike to sleep under bridges, beg in the streets and steal loaves of bread.
The central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. Law distinguishes itself from policy as laws are the standard rules and regulations that are compulsory. Policies are objectives that an organization or a government sets for itself. To implement and enforce the law and provide services to the public, a government 's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress. But, however, the history of law of different communities has developed in distinct ways, reflecting the prevalent socio-political norms and values of the society which they regulate. The history of “laws” of pre-literate African societies, for example, are significantly different from the history of laws of a developed Western democracy. This essay will consider the history of English law, and will outline how it has developed over the centuries, it’s today structure and organization. 1.1 Historical background

The history of the law of England and Wales has developed in tandem with the peculiarly English unwritten constitution, which sets out the broad principles on which the common law is based. The United Kingdom is virtually alone amongst modern democratic states in not having a written constitution. This means that the sources of law in England are varied, and include not only the statutes that Parliament passes, but also the judicial decisions of judges on a case by case basis. This means that all three branches of the state, that is the executive, the legislature and the judiciary, all have a role to play in developing the history of the law. This collaborative system has developed throughout the history of the United Kingdom, and while the lack of any major single political upheaval has been cited as the reason the UK has not found the need for a written constitution, her history reveals much about her unique legal system. One of the fundamental doctrines that is prevalent through the history of law in England is that of the supremacy of Parliament. This means that although all three branches of the state have a role to play in making the law, Parliament (that is, the legislative body) is the highest source of law. These laws (providing they have been passed properly) must be applied and upheld by the courts. This doctrine is premised on the principle that Parliament is democratically elected, so should have the upper hand in making the law. This doctrine has a sturdy historical basis, having developed since the Middle Ages, although in recent decades it has been somewhat undermined by the increase of judicial activism in making and interpreting the law, and by the increasing influence of European Union jurisprudence since the UK 's joining of the Community. The other major source of English law that has developed through the history of law is the common law, which will now be considered. The historical background to the development of the law in England is significant. It should be noted that historically, England was not governed by a single system of law. Rather, prior to the Norman Conquest in the eleventh century, there were several different systems in operation. There developed, however, a common principle of stare decisis (meaning “let the decision stand”) which made the law more predictable in similar cases. The law was administered according to local laws by representatives of the Crown. Eventually this led to a “common law” throughout the country, which became the historical basis for the common law of today. The basis of stare decisis developed into a more general system of precedent, which now manifests itself in the doctrine of binding judicial decisions (facilitated by the inception of a system of publishing the case reports of higher courts).
This, then, is the history of the common law in England, which was subsequently exported to many jurisdictions around the world, largely as a result of Britain 's colonial activities. The historical development of the common law has seen different eras of activity in judicial law-making. Until the twentieth century, for example, the judiciary were generally less prepared to legislate from the benches [6, p.113]. Throughout that century, and in the early years of the present one, judicial activity in this respect has generally increased. In 1952, Lord Denning, a particularly activist judge, encouraged the judges not to be too timid in developing and adapting the law to meet the changing societal needs, in a lecture entitled “The Need for a New Equity”. One can discern a change in the focus of the history of the English law towards the judiciary. In the 1980s (by which time Denning considered the courts to have regained a degree of control in this respect), Lord Scarman publicised his own view in McLoughlin v O 'Brian (1982); namely that it was the courts ' role to adjudicate according to principle, and Parliament 's role to legislate in order to overrule any results of this that it considered to be socially unacceptable. He was concerned that if the common law remained static, it would be incapable of adapting to the changing needs of society. Particularly in the light of the Human Rights Act 1998 and the increase of European legislation, we have seen this degree of judicial influence on the law increase substantially. This was a crucial point in the history of the law.

1.2 Trial by jury

Another major aspect of the English legal system 's history is, in the context of the criminal law, trial by jury. Historically, this was imported into English law by the French during the Norman Conquest. Jurors initially acted as witnesses, however, and often had an administrative role (they were instrumental in gathering information for the Domesday Book for example). Gradually, through the history of the law, their function changed, and the principle emerged that jurors should know as little as possible about the case with which they are involved prior to the hearing. The historical significance of Bushell 's Case (1670) cannot be overstated. This established that juries are sole judges of fact, who have the right to give verdicts according to their conscience. The effect of this today is that juries may acquit a defendant even in circumstances where the law demands a guilty verdict. This, then, outlines the historical development of two fundamental aspects of the English law; the common law and the juries. The richness of the English law is largely the result of the long and turbulent history, without the need to establish a codified constitution along the lines of civil law countries. In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First – Chapter the First : Of the Absolute Rights of Individuals as "the absolute rights of every Englishman" and traced their basis and evolution as follows:

1.3 Magna Carta

The 1215 charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today [see Appendix A].
Magna Carta was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited. Despite its recognised importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitution. Lord Denning described it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot". In a 2005 speech, Lord Woolf described it as first of a series of instruments that now are recognised as having a special constitutional status [9, p.321], the others being the Habeas Corpus Act, the Petition of Right, the Bill of Rights, and the Act of
Settlement. The charter was an important part of the extensive historical process that led to the rule of constitutional law in the English speaking world, and it was Magna Carta (rather than other early concessions by the monarch) which survived to become a sacred text. In practice, Magna Carta in the medieval period did not in general limit the power of kings, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law. It influenced the early settlers in New England and inspired later onstitutional documents, including the United States Constitution Other important documents that influenced the law of the UK:
- confirmation by King Henry III to Parliament in 1216, 1217, and 1225
- Confirmatio Cartarum (Confirmation of Charters) 1253
- a multitude of subsequent corroborating statutes, from King Edward I to King Henry IV
-Blackstone 's list was an 18th-century constitutional view, and the Union of the Crowns had occurred in 1603 between England and Scotland, and the 1628 Petition of Right had already referred to the fundamental laws being vio - the Petition of Right, a parliamentary declaration in 1628 of the liberties of the people, assented to by King Charles I - many laws, particularly the Habeas Corpus Act in 1679, passed under King Charles II - the 1689 English Bill of Rights assented to by King William III and Queen Mary II. - The Act of Settlement of 1701.
- The Human Rights Act 1998 establishes the right to freedom of expression, and the BBFC has to have regard to the impact of its decisions on the rights of any relevant person. The Act, however, permits such restrictions on freedom of expression as are prescribed by law and are necessary in a democratic society. These include the prevention of disorder or crime and the protection of health and morals. Thus, it’s obvious the history of the law of England and Wales has developed in tandem with the peculiarly English unwritten constitution, which sets out the broad principles on which the common law is based. The United Kingdom is virtually alone amongst modern democratic states in not having a written constitution. This means that the sources of law in England are varied, and include not only the statutes that Parliament passes, but also the judicial decisions of judges on a case by case basis. This means that all three branches of the state, that is the executive, the legislature and the judiciary, all have a role to play in developing the history of the law. This collaborative system has developed throughout the history of the United Kingdom, and while the lack of any major single political upheaval has been cited as the reason the UK has not found the need for a written constitution, her history reveals much about her unique legal system.

2 ADMINISTRATION OF JUSTICE IN BRITAIN

There are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland and Scotland. Each has its own legal system, distinct history and origins.

1.2 The English law
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, see Court of Piepowder (a corruption of the Law French "pieds-poudrés" or "dusty feet", meaning ad hoc marketplace 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. 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. Today responsibilities for the administration and management of the legal system are divided between various government departments and agencies, including: The Ministry of Justice has overall responsibility for the court system, the appointment or advising on the appointment of judges, the provision of legal aid and legal services and the promotion of reform and revision of English civil law. The Home Secretary has overall responsibility for criminal law, the police service, the prison system and the probation service.
2.2 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 Also, a very important distinction is made between such parts of the UK law, as: statute law, common law, conventions works of authority. Of these, statute law is the most important and takes precedence. Although the Queen is the Head of State, Parliament is regarded as the supreme law-making authority. Much of the relationship between the Sovereign and Parliament is based on tradition rather than statute. The Queen does not herself judge any case nor does she play any part in the judicial process. By the coronation oath, and by common law and various statutes, the Sovereign is required to cause law and justice with mercy to be administered to all. In the United Kingdom, all jurisdiction therefore derives from the Crown. The Government has two legislative chambers: the House of Commons and the House of Lords. The House of Commons consists of elected members and the House of Lords consists of elected peers as well as those with inherited titles (currently undergoing reform). In addition to statute law passed by parliament, legal principles are also based on the decisions of judges interpreting statute law. These collected judicial decisions form the common law. Each of the three UK jurisdictions has developed its own common law or case law. Common law can be changed by legislation, but cannot overrule or change statutes. The last elements of the UK constitution consists of conventions and works of authority which do not have statutory authority, but nevertheless have binding force. The Judicial Committee of the Privy Council is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies. There are also immigration courts with UK-wide jurisdiction — the Asylum and Immigration Tribunal and Special Immigration Appeals Commission. The Employment tribunals and the Employment Appeal Tribunal have jurisdiction throughout Great Britain, but not Northern Ireland.

2.1 The Parliament of the United Kingdom

The Parliament of the United Kingdom is bicameral, with an upper house, the House of Lords, and a lower house, the House of Commons.
The House of Commons is a democratically elected chamber. The two Houses meet in separate chambers in the Palace of Westminster (commonly known as the "Houses of Parliament"), in the City of Westminster in London. By constitutional convention, all government ministers, including the Prime Minister, are members of the House of Commons or House of Lords. Parliament evolved from the early medieval councils that advised the sovereigns of England and Scotland. In theory, power is vested not in Parliament, but in the "Queen-in-Parliament" (or "King-in-Parliament"). The Queen-in-Parliament is often, incorrectly, said to be a completely sovereign authority. In 2002 Thoburn v Sunderland City Council confirmed in English law the principle of the supremacy of EU law over national law (see Costa v. ENEL and Van Gend en Loos). In modern times, real power is vested in the House of Commons and the European Commission; the Sovereign acts only as a figurehead and the powers of the House of Lords are greatly
limited. Thus, Laws in the UK apply to a defined geographical area usually corresponding to the territorial limits of state. The United Kingdom, comprising England, Wales, Scotland, and Northern Ireland, is a state. However, in the United Kingdom there is not a single legal system. English law and the English legal system apply in England and Wales. Many aspects of the law and legal system of Scotland are markedly different from those of England and Wales; to some extent, the same is true of Northern Ireland. In relation to an Act of Parliament it will apply to the whole of the United Kingdom unless the Act indicates otherwise. Some statutes may be arranged in parts, with one part applying to England and Wales, another part applying to Scotland, and yet another applying to Northern Ireland. Generally, in interpreting statutes the courts presume that an Act of Parliament only applies to the United Kingdom, unless extra-territorial operation of the Act is expressly or impliedly provided for by the Act in question. It is possible for Parliament to pass laws which apply to acts committed outside the United Kingdom. For example, murder is triable in England and Wales wherever the offence is committed by a British subject, see s.9 of the Offences Against the Person Act 1861. This provision does not extend to Scotland. Legislation has been specifically enacted to allow the courts of the United Kingdom to try homicides committed abroad by non-British subjects under the War Crimes Act 1991. Another major source of law is the law created by judges; this, too, is only applicable within England and Wales. The common law, that is judge-made law, does not operate in Scotland. Indeed, Scotland has a separate criminal law and procedure and areas of civil law, such as contract and tort, are different from those laws applying in England and Wales.

3 CLASSIFICATIONS OF LAW

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana (as opposed to civil law or pluralist systems in use in other countries). It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to the American Revolution is still part of the law of the United States through reception statutes, except in Louisiana, and provides the basis for many American legal traditions and policies, though it has no superseding jurisdiction. English law in its strictest sense applies within the jurisdiction of England and Wales. Whilst Wales now has a devolved Assembly, any legislation which that Assembly enacts is enacted in particular circumscribed policy areas defined by the Government of Wales Act 2006, other legislation of the Parliament of the United Kingdom, or by orders in council given under the authority of the 2006 Act. Furthermore that legislation is, as with any by-law made by any other body within England and Wales, interpreted by the undivided judiciary of England and Wales. The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent (stare decisis) to the facts before them. A decision of the highest appeal court in England and Wales, the Supreme Court of the United Kingdom, is binding on every other court in the hierarchy, and they will follow its directions. For example, there is no statute making murder illegal. It is a common law crime — so although there is no written Act of Parliament making murder illegal, it is illegal by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the death penalty. England and Wales are constituent countries of the United Kingdom, which is a member of the European Union. Hence, EU law is a part of English law. The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form. The European Court of Justice can direct English and Welsh courts on the meaning of areas of law in which the EU has passed legislation. Laws there are divided into different categories according to the fields they are concerned with. The main categories are Public Law and Private. For practical purposes, the most significant distinction is between civil law and criminal law. Public Law regulates the functioning of the organs of the state, the relationship of the individual to them and their service to the individual. It comprises Employment Law, Antitrust Law, Health Law and so on [see Appendix B]. Among others, it comprises Constitutional Law and Criminal Law. Criminal law is public since crimes are wrongs which the state is concerned to prevent.
Private Law is primarily concerned with the rights and duties of individuals.

3.1Civil law

Civil law involves disputes between individuals or companies, where appropriate resolution is left to the court hearing the case. This can be an order to perform a particular obligation under a contract, compensation for failure to perform a contractual obligation, or compensation for negligence.These include, for instance, neighbour disputes, divorce proceedings and personal injury cases, as well as cases between companies such as breach of contract or failure to pay. Civil justice is delivered mainly by county courts and the High Court in England, and the sheriff court in Scotland. These courts will deal with claims such as landlord and tenant disputes, consumer claims, lower level personal injury cases, undefended divorce cases, and debt problems. Appeals from these first instance courts are usually to the Court of Appeal in London. Where cases raise important points of law or principle, there can be a further appeal to the House of Lords. In certain cases, a particular action can give rise to civil as well as criminal liability. In a road traffic accident, for instance, the person responsible for a crash will be liable to those injured in the accident and will have to compensate them for their losses. There could also be a prosecution in the criminal courts if this person was driving without due care and attention, or was under the influence of alcohol or drugs.

3.2 Criminal law

Criminal law is concerned with actions that the law regards as reprehensible and for which it sets a given punishment. English criminal law derives its main principles from the common law. The main elements of a crime are the actus reus (doing something which is criminally prohibited) and a mens rea (having the requisite criminal state of mind, usually intention or recklessness). A prosecutor must show that a person has caused the offensive conduct, or that the culprit had some pre-existing duty to take steps to avoid a criminal consequence. The types of different crimes range from those well known ones like manslaughter, murder, theft and robbery to a plethora of regulatory and statutory offences. It is estimated that in the UK, there are 3,500 classes of criminal offence. Certain defences may exist to crimes, which include self-defence, invitation, necessity, duress, and in the case of a murder charge, under the Homicide Act 1957, diminished responsibility, provocation and, in very rare cases, survival of a suicide pact. It has often been suggested that England should codify its criminal law in an English Criminal Code, but there has been no overwhelming support for this in the past. Criminal offences are breaches of the law for which there is a set punishment, ranging from a small fine to jail depending on the seriousness of the offence. For instance, shoplifting can be punished by a mere warning or community service, while premeditated or brutal crime will often result in life imprisonment.
Most of the time criminal cases are brought against individuals but it is also possible, in certain circumstances, to prosecute companies.
To bring a case the police will gather together sufficient evidence to allow the Crown Prosecution Service to bring a case. Criminal cases involving minor offences are brought before the magistrates courts. The Crown Court hears the more serious cases as well as appeals from the magistrates’ courts. The most famous Crown Court building is the Central Criminal Court, in London, commonly known as the Old Bailey.Offenders under 18 years of age are tried in the Youth Courts.
There are also such types of laws as:

3.3 Constitutional law

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, and so on.

3.3.3 State and legal structure

Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.
Human rights or civil liberties form a crucial part of a country 's constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington is a constitutional principle deriving from the common law. John Entick 's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that the great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment [12, p.115]. Legislative procedure
Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election.

3.4 Administrative law Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. These are the main Law categories. Still, there are many sub-divisions which are at some extent arbitrary. A special law category is the Private International Law, it is concerned with the legal means necessary to resolve cases which contain some foreign element. For example, A sues B, a Dutch citizen, in England because he broke a contract about a business to be run in Thailand. In this case the court will consult the rules of Private International Law.

3.5 Common law

Common Law is a system of law in place in England and its colonies. Common Law—law common to all England—was based on the principle that the rulings made by the King 's courts were made according to the common custom of the realm, as opposed to decisions made in local and manorial courts which judged by provincial laws and customs. The crafting of English Common Law was begun in the reign of Henry II, who had foreign legal learning and instituted legal reform in England. The royal judges of Henry II, and of succeeding reigns, evolved the Common Law from the procedure of the King 's central courts—the Court of King 's Bench, the Exchequer, and the Court of Common Pleas. Common Law is also understood to be “law by precedent”, distinguished from statutory law, i.e., parliamentary legislation to which Common Law is complementary. Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions (the legal tradition that prevails in, or is combined with common law in, Europe and most non-Islamic, non-common law countries), courts lack authority to act where there is no statute, and judicial precedent is given less interpretive weight (which means that a judge deciding a given case has more freedom to interpret the text of a statute independently, and less predictably), and scholarly literature is given more. Thus, there are 2 main varieties of law at work in Britain - Statute Laws, and Common Law. Statute Laws are those laws that are made by Parliament. Statute Laws can be made either directly, through the passing of Acts of Parliament, or indirectly, through the creation of Statutory Instruments that contain rules and regulations. Yearly, Parliament creates around one hundred laws through Acts of Parliament and creates around two thousand Statutory Instruments. Common Law works through the system of Precedent. If a judge makes a decision in a case then other judges will usually follow the example that has been set and give a similar verdict in cases involving similar facts. If the decision of the first judge should happen to be overruled by a higher court, then subsequent judges would follow the decision of the higher court instead. The judge who makes the first decision effectively makes a law since his or her ruling will be followed in the future.

4 THE COURT SYSTEM IN ENGLAND AND WALES

A superior court is one with unlimited jurisdiction, both in a geographical and monetary sense. An inferior court has limited jurisdiction. The superior courts are the Supreme Court (previously the House of Lords), Court, of Appeal, High Court, Crown Court, Privy Council, and Employment
Appeal Tribunal; the inferior courts include the magistrates’ courts and the county courts. The major differences between the courts relates to their powers in relation to contempt of court and to the supervision of the inferior courts by a superior court, i.e. the High Court [see Appendix C].

4.1 Magistrates ' Courts

A magistrates ' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. A magistrates ' court is presided over by a tribunal consisting of two or more (most commonly three) justices of the peace (also known as magistrates) or by a district judge (formerly known as a stipendiary magistrate), and dispenses summary justice, under powers usually defined by statute. The tribunal presiding over the Court is commonly referred to simply as the Bench. Magistrates ' courts deal with minor offences (generally, fines of up to £5,000 and imprisonment of up to 6 months.). However, when dealing with two or more offences, a magistrates ' court has the power to impose a sentence of up to a year if at least two of the offences are triable either way. For certain specified offences, maximum fines permitted to magistrates may be higher (for example, for fly tipping up to £50,000.) Magistrates sitting in a Youth Court have the power to impose a sentence of youth detention (known as a Detention and Training Order or DTO) for a period of up to two years.

4.2 County Courts

Civil cases are heard firstly in the County Courts or the High Court, which is divided into three divisions: Queen 's Bench, Family and Chancery. The Chancery Division considers complex matters such as disputes about wills, trusts, bankruptcy, land law, intellectual property and corporate laws, and the Queen 's Bench Division deals with other business matters including contracts, torts or land disputes. The Queen 's Bench Division has some specialist sub-divisions, including a Commercial Court, which deals with large and complex business disputes.

4.3 Crown Court

The Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act 1971. It replaced the Assizes whereby High Court judges would periodically travel around the country hearing cases, and Quarter Sessions which were periodic county courts. The Old Bailey is the unofficial name of London 's most famous Criminal Court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from Magistrates ' Courts. [see Appendix C, picture A2].
The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the Queen’s Bench Division of the High Court.
The Crown Court is an inferior court in respect of the other work it undertakes, viz. inter alia, appeals from the Magistrates’ courts and other tribunals.

4.5 The Court of Appeal

The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it. Established in 1875, the Court and its staff of 37 Lords Justices of Appeal hear both criminal appeals in the Criminal Division and civil appeals in the Civil Division, led by the Lord Chief Justice and Master of the Rolls respectively. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Courts and High Court of Justice. Permission to appeal is required, either from the lower court or the Court of Appeal itself. Decisions may be additionally appealed to the Supreme Court
Civil Division
The Civil Division deals with all non-criminal cases.The Civil Division is bound by the Supreme Court of the United Kingdom when making decisions, and is normally bound by its own previous decisions, with four exceptions; where the previous decision was made without the judges knowing of a particular law, where there are two previous conflicting decisions, where there is a later, conflicting Supreme Court or House of Lords decision and where a law was assumed to exist in a previous case but did not.
Criminal Division
The Criminal Division was established in 1966 with the merger of the Court of Criminal Appeal into the Court of Appeal. It hears all appeals from the Crown Court which are in connection with a trial on indictment (i.e. with a jury) and where the Crown Court has sentenced a defendant committed from the Magistrates ' Court. It also exercises the jurisdiction to order the issue of writs of venire de novo. The Criminal Division, while bound by the Supreme Court, is more flexible with binding itself, due to the heightened stakes in a case where a possible penalty is a prison sentence. The Division is led by the Lord Chief Justice, currently Lord Judge, assisted by the Vice-President of the Criminal Division, currently the Rt. Hon Justice Hughes.

4.6 The Supreme Court

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 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.
In addition to the courts there are specialised Tribunals, which hear appeals on decisions, made by various public bodies and Government departments, in areas such as employment, immigration, social security, tax and land.

Thus, there’re two different tiers of courts - civil and criminal. The top courts are the same for both. Criminal include: Magistrates - EVERY criminal matter starts here, 97% of them finish here. They deal with all small crimes an consist of 3 lay magistrates (or one District Judge). Crown courts - Cases deemed to serious for the Mags come here. They are tried in front of a jury with a Judge presiding. Court of Appeal. House of Lords. Civil include: County courts- deal with all kind of civil matters. County - cases that have become too complicated for civil ones. High Court - high profile cases or ones with an important point of law come here instead of County.

5 THE JUDICIARY. LAW OFFICERS AND THE LEGAL PROFESSION

5.1 Judicial Neutrality

What exactly is judicial neutrality? Though the judiciary is not entirely independent of Parliament and the government, it is still expected to be neutral when making legal decisions/rulings. Even if judges do have a political preference, their final rulings are meant to be free of such influences. Traditionally, senior law figures were seen to be conservative and naturally politically favourable to the Conservative Party. In this sense, it was a commonly held belief that senior legal figures in the UK were pro-Conservatives and anti-Labour, when Britain had a Labour government. If this was true, then judicial neutrality could not have existed. This was seemingly proved when the judiciary did nothing to challenge the anti-trade union legislation of Margaret Thatcher. The judges are the keepers of the law and the qualities they need for that task are not those of the creative law-maker. Enthusiasm is not and cannot be a judicial virtue. It means taking sides and if a judge takes sides, he loses the appearance of impartiality and quite possibly impartiality itself. There are those who argue that it is all but impossible to be neutral at any level let alone political. Therefore, it would be unacceptable for society to view judges as having to be entirely neutral as it is simply natural for them to take sides over issues – they would not be human otherwise. Generally, the Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom wide jurisdiction

5.2 Law officials The main legal personnel that journalists need to know about are:
●lawyers;
●judges;
●government legal officers.
5.2.1 Lawyers

The English legal profession comprises two different types of lawyer: barristers and solicitors.
Traditionally, the two branches did different types of work. Today, this distinction is increas- ingly breaking down, but the terms ‘solicitor’ and ‘barrister’ still describe two different pro- fessionals, who each undergo a different training process and set of exams in order to qualify.The term lawyer, however, covers both.
Solicitors
A solicitor 's role is to give specialist legal advice and help, and they are the main advisers on all matters of law to the public. There are over 60,000 solicitors practising in England and Wales, and their work varies enormously. Generally, solicitors deal with all aspects of legal practice from drafting letters, to researching cases and providing legal advice. They usually qualify into, and practice in, a specialist area, ie family, commercial or media law. Most solicitors are employed by a law practice or firm which is a partnership of solicitors who offer services to clients. In private practice there are three broad types of firms: High street firms – these are usually small firms dealing with individuals with housing, employment and immigration problems. Medium sized firms – these firms may offer specialist advice on a niche area (eg media, family or IT), but others will offer a huge spectrum of services from corporate finance to private client. Large commercial firms – Magic Circle is a term that is used to refer to the top five UK law firms: Allen & Overy, Clifford Chance, Freshfields Bruckhaus Deringer, Linklaters and Slaughter and May. Last year, The Lawyer reported that the Magic Circle accounted for 32% of billings of the entire The Lawyer 100. Opportunities also exist outside private practice in the UK Government and charitable organisations as well as with some large companies. Barristers Barristers usually qualify into, and practice in, a specialist area, but unlike solicitors will spend most of their time researching the law and practising advocacy at the courts. Much of a barrister 's work will involve court work, and highly developed presentation and interpersonal skills are essential. Barristers operate from Chambers, which are essentially a collective of barristers much like a firm, although barristers are self-employed and pay a proportion of their earnings to the chambers for space, etc. QCs (short for Queen’s Counsel) are barristers and solicitors who have been in practice for at least ten years and are considered particularly talented and experienced. Becoming a QC is not, however, automatic – lawyers must apply for the title, and some apply several times before being granted it, while others never get it at all. Becoming a QC generally means a lawyer will be offered higher-paying work.

5.2.3 Judges

There are six different categories of judge in the legal system, as well as magistrates, who, although they are lay people and not considered part of the judiciary, actually decide 95 per cent of all criminal cases. Supreme Court Justices sit in the Supreme Court. There are 12 of them. They are referred to as, for example, Lord or Lady Brown. Lord and Lady Justices of Appeal sit in the Court of Appeal. There are 38 of them. They are referred to as, for example, Lord or Lady Justice Brown. The most senior judge in the Civil Division of the Court of Appeal is called the Master of the Rolls; in the Criminal Division, the head is the Lord Chief Justice. High Court judges sit in the High Court and also hear the most serious cases in the Crown Court; there are just over 100 of them. They spend some of their time ‘on circuit’, travelling around the regional courts, where they may, for example, hear Queen’s Bench Division cases or Family Division cases which would otherwise have to be held at the High Court in London. In the official reports of legal cases, and in law textbooks, a High Court judge called Smith would be referred to as Smith J, but for journalists, it is more usual to write Mr or Mrs Justice Smith (not Judge Smith). Circuit judges sit in the county court and in middle-ranking Crown Court cases. There are around 650 of them, and they are referred to as, for example, Judge Simon Smith or Judge Ann Jones. Occasionally they may also sit in the Court of Appeal. District judges hear the majority of cases in the county courts; there are around 450 of them. There are also around 100 district judges (formerly known as stipendiary magistrates) who hear the more complex and serious cases in the magistrates’ courts of larger cities. Both are usually referred to as, for example, District Judge Jane Brown. Recorders are part-time judges who hear the least serious Crown Court cases and some county court cases. They are usually still working as barristers or solicitors, and the job is viewed as a kind of apprenticeship before becoming a full-time judge. They are referred to as the recorder or, for example, Mr John Smith or Mrs Mary Smith. The title of recorder is also used in a slightly different context: the Recorder of Manchester is the most senior circuit judge in the Manchester Crown Court, and similar titles are used for the same role in Liverpool, Belfast and some other cities. The title Recorder of London applies to one of the senior judges who sits at the Central Criminal Court (the London Crown Court which is better known as the Old Bailey). Magistrates (also known as Justices of the Peace, or JPs) are lay people, drawn from the local community, who sit in the magistrates’ courts (usually in a panel of three) hearing both criminal and some kinds of civil cases. Though they receive training in court procedure, they are not required to be legally qualified or to know the law, but have a legally-qualified clerk to advise them. The work is voluntary (magistrates receive expenses, but no pay) and part-time
– most magistrates sit for 35–70 half-days per year. Magistrates are selected by local committees,though they are officially appointed by the Lord Chancellor. When reporting cases involving magistrates, it is usual to refer to them as ‘the magistrates’ rather than by name, but a magis- trate’s name can be used if you need to refer to one specifically.

5.2.4 Government legal officers

There are four government legal officers:

● the Lord Chancellor;
● the Attorney-General;
● the Solicitor-General; ● the Director of Public Prosecutions. The Lord Chancellor is a Cabinet Minister, and the head of the Ministry of Justice, which is responsible for the courts, prisons, probation and constitutional affairs. He or she can be a member of either the House of Commons or the House of Lords. The Attorney-General and the Solicitor-General (together known as the Law Officers) are both. Government Ministers, though not members of the Cabinet. The Attorney-General is the main legal advisor to the Government (the Attorney-General at the time of the war in Iraq, for example, gave the Government advice on whether the war was legal under international law), and is responsible for important legal cases involving the Government, whether at home or abroad. Certain types of crime require consent from the Attorney-General before prosecutions can be brought, and if this consent is given, the prosecution is brought in the name of the Attorney-General.
The Solicitor-General is effectively the Attorney-General’s deputy, and may fulfil any of his or her functions where necessary. The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS), and is responsible for ensuring the independent review and prosecution of criminal proceedings started by the police in England and Wales. He or she makes decisions about the most complex and sensitive cases and advises the police on criminal matters, and prosecutions for certain types of cases require his or her permission. The DPP reports to the Attorney-General. Thus, The Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom wide jurisdiction.
The Attorney General fulfils the role of chief legal adviser to the government and superintends the principal prosecuting authorities within England and Wales. These are the Crown Prosecution Service and the Serious Fraud Office. The Attorney General also has overall responsibility for the Treasury Solicitor 's Department and Her Majesty 's Crown Prosecution Service Inspectorate, and fulfils a number of independent public interest functions. The Solicitor General supports the Attorney across the range of his responsibilities.

CONCLUSION

So, The rule of law is one of the fundamental principles of UK ' s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all ,rulers and ruled alike. The alternative to the rule of law is there for arbitrary government. In this way, the rule of law establishes the relationship between government and the people. Furthermore, the rule of law is the principle that the law should rule in the sense that it applies to all conduct and behavior and covers both private and public officials. The most important sub principles of the rule of law are that no one is above the law, that there is equality for all before the law, that the law is always applied and that legal redress is available through the courts . However , the rule of law is a complex principle , and it is best explained as a collection of sub principles .There has been ,moreover, significant debate about how far the law ‘rules ' the UK . In 1988 the rule of law was even described as the ‘noble lie ' of the British constitution. As previously mentioned, the rule of law, has been created to ensure that:
1) No One Is ‘Above ' the Law This implies that everyone is bound by the law. The law applies to ministers and public officials as well as other members of society. This is supposed to ensure that public officials use their power reasonably and do not exceed the limits placed on its use. This aspect of the rule of law is upheld through administrative law and by the practice of judicial review.
However, concerns have been expressed about the extent to which this principle applies in the UK. Many of the powers of the prime minister and other ministers are based on the Royal prerogative, which is not subject to judicial oversight. As parliament is sovereign, it can make, unmake and amend any law it whishes and so on, in that sense, it is ‘above ‘the law. The principle of parliamentary privilege means the MPs and peers are not subject to legal restrictions on what they can say in parliament The Queen, as head of the legal system, is not properly subject to the law. All these aspects can undermine ‘No one is ‘above ' the law .moreover they are not illegal actions and cannot be prosecuted as an illegal action. 2) Equality before the Law The law is meant to treat all citizens alike; it is no respecter of persons .All people should therefore have the same legal rights and have the same legal rights and have the same access to the legal system. Consideration of Race, Colour, Creed, Religion, Wealth, social status and official position must be irrelevant to how people are treated by the court system.

However, concerns have been expressed about the extent to which this principle applies in the UK: Legal disputes may be prohibitively costly, for many, and only the wealthy can afford to be represented by top lawyers.
Access to legal aid is not always easy and may exclude people from middle-income groups Judges may be biased against, for instance .women, ethnic minorities and the poor because they tend to come from narrow and privileged social and educational background 3) The Law Is Always Applied. Disputes must be resolved by the application of the law rather than by other means. This means that there must be a certainty of punishment for breaches of law –law cannot apply in certain circumstances, but not in others. By the same token, there should be punishment only for breaches of law- people should not be penalized except through the due process of law.
However, concerns have been expressed about the extent to which this principle applies in the UK; Not all crimes are reported and therefore legally addressed ( this applies, for instance, in the case of most rapes) As polices resources are limited many crimes are not detected (for example, speeding offences) If people 's rights have been infringed (whether by other citizens, organizations or the state,) they should be able to protect themselves through the law. For many legal experts and a growing body of senior judges this implies that the law should defend fundamental human rights .This is the aspect of the rule of law that safeguards the individuals from the state. However, concerns have been expressed about the extent to which this principle applies in the UK:
There is no entrenched bill of right to protect fundamental human rights.
The Human Rights Act can be set aside if parliament whishes.

Appendix A

Picture A1. King John of England signs Magna Carta

Appendix B

Picture B1. The structure of Public Law

Appendix C
Table 1.The system of courts

Picture A2. The building of the Royal Country Court

BIBLIOGRAPHY

1 Lee, S. Law and Morals /S. Lee.- Oxford: Oxford University Press, 1986.- 395p.

2 History of English law [Электронный ресурс] – Режим доступа: http://www.historyoflaw.info/history-of-english-law.html.- Дата доступа 13.04.12

3 Pollock, M. The History of English Law. Centenary Essays / M. Pollock, N. Maitland. – London: Andrews McMeel Publishing, 1998. - 186 p.

4 Bailey, S. The Modern English Legal System / S. Bailey, J. Ching. – London: Academic Press, 2007. – 154 p.

5 Glanville, W. Learning the Law / W. Glanville. – New York: World Wisdom, 2010. -252 p.

6 Lord, S. Democracy, the Rule of Law and the Role of Judges / S. Lord. – Breslov: Breslov Research Institute,2006.- 178 p.

7 Treitel, G. The Law of Contract, 12th edn / G.Treitel, F. McKendrick.- London: Academic Press, 2007. – 325p.

8 Twining, W. How to Do Things with Rules / W. Twining, D. Miers. – London: Butterworths, 1999. – 256p.

9 Ward, R. English Legal System / R. Ward. – Oxford: Oxford University Press, 2011. – 245p.

10 Williams, G. The Definition of Crime / G. Williams. - San Francisco: City Lights Publishers, 1995. – 115p.

11 Judicial Appointments Annual Report 2003-2004 [Электронный ресурс] – Режим доступа: http://www.dca.gov.uk/judicial/ja-arep2004/partone.htm.- Дата доступа 19.04.12

12 Crystal, D. The Cambridge Encyclopedia of Law / D.Crystal, H. Batibo. – London: Four Courts Press, 2002. – 355p.

13 Wikipedia, the free encyclopedia. Courts of England and Wales [Электронный ресурс] – Режим доступа: Http://.wikipedia.org/wiki/Courts_of_England_and_Wales.- Дата доступа 04.05.12

14 Slapper, K. English Law / K. Slapper, M. Kelly.- London: Cavendish,2004. -545p.

15 Pannick, D. Better that a horse should have a voice in the House of Lords than that a judge should replacing the Law Lords by a Supreme Court / D. Pannick.-London: Anova Books ,2009.-370p.

16 Judiciary of England and Wales [Электронный ресурс] – Режим доступа:
Http://www.judiciary.gov.uk/about-the-judiciary. - Дата доступа 12.04.12

17 Griffith, F. The Politics of the judiciary / F. Griffith. – London: Academic Press, 1997. -420p.

18 Haydn, J. Haydn 's Book of Dignities / J. Haydn. – London: Hodder Publications, 1894. – 300p.

19 Kingdom, J., Government and Politics in Britain / J. Kingdom. – Cambridge: Cambridge University Press, 2003. – 255p.

20 McLean, A., The Concise Oxford Dictionary of Politics / I. McLean, A.McMillian. – Oxford: Oxford University Press, 2003.-350p.