Liam Neeson wishes you a happy St Patrick's Day

L2: MONARCHY: The Zoo Must Go On

The Zoo Must Go On

Introducing a document:

The document is an article taken from The Guardian, published on September 26^th, 2009.

The document is taken from / is extracted from The Guardian, and (is) written by Jeremy Paxman.

The text is an extract from / is an excerpt from The Guardian, which was written by Jeremy Paxman.

(Grammar: Passive Structure: Be + Past participle / ex: was written)

“It was published on September 26^th, 2009.”

Or “It was published in September 2009” or “It was published in 2009”

(Grammar: Preposition “on”+ day + month.

Preposition “in” + month and year or “in” + year)

The document discusses (/deals with / talks about) the role of the Monarch in the British institutions in twenty-first century Britain.

(Grammar: to discuss something (no preposition))

Every year, the Queen opens a new session of Parliament. The ceremony takes place in Westminster, in the House of Lords.

Nowadays / Today, the English Monarch has limited constitutional power.

According to Walter Bagehot, “Consultation, encouragement and warning” are the three main functions of the English Monarch.
The Queen meets the Prime Minister on a weekly basis (/ every week).

According to the Prime Minister, these meetings may take different forms.  

At these weekly meetings the Queen and the Prime Minister discuss political matters.

The Queen also gives her Royal Assent thanks to which a bill (studied and voted in Parliament) becomes an act.

The Queen’s Royal Assent is necessary for a bill to become an Act.

The Queen’s Royal Assent is necessary so that a bill may become an Act.

Even if (/ Although) the fact that the new session of Parliament is opened by an unelected Queen in an unelected House of Lords is sometimes criticised (/ lambasted), the Monarch still enjoys great popularity (the Monarch is still very popular) in England (among English people).

But the Queen is all the more popular as her power is limited (/ curtailed) by the Parliament, as the Zoo allegory at the end of the text suggests.

Indeed, the Monarch is like a Lion in a cage, impressive but powerless.

The Monarch is comparable to a Lion kept in a cage.

England used to be an absolute monarchy, but is now a constitutional monarchy.

(NB: Used to do (...)  ≠ be used to doing something)

To avoid being done away with, the Monarch agreed to relinquish some of his power.

The Power of the Parliament counterbalances that of the Monarch.

NB:

Every + singular.

Every other year: un an sur deux.

But Every five years… every ten years..

On a weekly basis, on a monthly basis…

L3 Family Law : Radmacher v Granatino (Appellant) [2010] (Booklet, p. 72-74)

Radmacher (Respondent) v Granatino (Appellant) [2010]

Questions 2 and 3:

The specificity of  this marriage is that the spouses are neither English citizens nor of the same nationality. In addition to this, although a pre-nuptial agreement had been entered into in Germany, the marriage was celebrated in Oxford, hence the petition for divorce being filed in England.

Summary:

The facts concern the breakdown of a marriage between a German lady (whose maiden name is Radmacher) and a French banker (called Granatino) in London in 1998.

Probably on account of the fact that the amount of money at stake was quite substantial (but also because the case involved a mixed couple and finally because the situation was that of a defended divorce) the case was heard at first instance by the High Court.

Given that the petitioner had not taken legal advice before signing the pre-nuptial agreement and that he had then left banking to take up his studies in Oxford at the time of the divorce, the High Court judge chose to modify the terms of the pre-nuptial agreement entered into by the parties, granting the petitioner (Granatino) enough money to purchase a house in addition to a comfortable annual income.

Mrs Radmacher then appealed the High Court decision to the Court of Appeal, which reversed the trial court decision and held that the pre-nuptial agreement, although entered into in Germany, should have been given full weight.

(Grammar: To appeal a court decision to a higher court / To hold, held, held)

In turn, Mr Granatino appealed the Court of Appeal’s decision but his appeal was dismissed by the Supreme Court, (which upheld the Court of Appeal’s finding).

Lady Hale: Dissents with the majority opinion on 2 grounds:

A. Definition of marriage:

Lady Hale contends that marriage is both a contract and a status, meaning that the parties are not entirely free to determine the full terms of the contract, but that these terms are instead determined by the law of the land. She also considers that modern forms of marriage give the parties a lot of leeway but do not allow them to neglect their fundamental duty to support each other and their children.

(Vocabulary: leeway (n.) = latitude, flexibility)

B. A gender issue:

1. The object of a pre-nuptial agreement being for one or both parties to protect his or her assets, one may agree with Lady Hale that the idea of the agreement would be to deny the weaker spouse 50% of the couple’s assets in case of divorce. This argument is debatable as more and more people now have careers but it appears that there is a gender issue because – although this is not the case in Radmacher v Gratanino – pre-nuptial agreements tend to benefit the rich which statistically tend to be male. 

Vocabulary: debatable = questionable, disputable

Grammar: "Adjectifs substantivés": the rich, the poor, the unemployed (...) 

On the same topic, see the following article from The Guardian : Prenup Agreement enforced under UK Law

L3 HOMEWORK for WEEK 7, CLASS n° 8 CRIMINAL LAW

Study Chapters 27 (Introduction to Criminal Law) and 28 (Offences to the Person), p.103-108.

We will start the class by correcting the exercises on Family Law that were to be prepared for Class n° 7 (Week 6) before moving on to Criminal Law

Exercise: sentence completion p. 69 (Family law)

Exercise p. 74 / "Want" 

L2 HOMEWORK for UNIT 5 The Prime Minister and the Cabinet

Homework for March 17th, 2015

Study the Introduction to Unit 5. Prepare 3 questions to ask the students giving the presentation.
Exercise 2 p. 52 (Sentence completion)
Exercise on Modals p. 58.
Read Text 2 p. 54-55 (and answer the questions on p. 55)

L3 HUMAN RIGHTS: Summary of Reading Comprehension 1, p. 48-49

Summary of Reading Comprehension 1, p. 48-49

Key Issues for the UK Parliament: From the HUman Rights Act to a Bill of Rights?

Initially, the Human Rights Act was adopted in 1998 in order to “bring rights home”, that is to say to make provisions of the European Convention on Human Rights directly applicable in domestic courts so that claimants (UK residents / UK citizens + foreign nationals) could bring / might bring rights-related claims (i.e. claims based on the ECHR) and obtain redress in the UK.

Structure: To make something applicable...

This act, however, has been subject to sustained (withering / unsparing) criticism on the part of some sections of the population as well as some politicians.

Vocabulary: 

Sustained criticism / Withering criticism / Unsparing criticism

First of all, this unpopularity may be explained by the fact that since the Act was adopted, UK courts have had to adjudicate on “political” issues that until then had been the preserve of the legislative (or the executive), thus / thereby contributing to challenging the principle of Parliamentary sovereignty.

Structures:
Since + Present perfect
To Contribute to doing something
Vocabulary: the preserve of

Besides / On top of this, on account of a number of controversial high-profile cases, where (in which) people having committed particularly serious criminal offences relied on the HRA to avoid deportation / extradition and seek asylum in the UK, the HRA has been “branded” as a criminals’ charter.

A: This has led / prompted the conservatives to campaign for a repeal of the HRA, proposing to replace it with a British Bill of Rights and Duties, which, they contend, would grant better protection of historic constitutional rights.

(This has spurred the conservatives into campaigning for…)

OR B: Recently, the Conservatives have been advocating / have been campaigning for a repeal of the HRA, proposing to replace it with a British Bill of Rights and Duties, which, they contend, would grant better protection of historic constitutional rights. The practicalities of this bill of Rights (which some see as the first step towards an entrenched constitution) have yet to be clarified (or "spelt out") / still require clarification. 

While it might not include some rights granted by the Convention, it may also extend constitutional protection to rights not imbedded / enshrined in the Convention, such as a right to healthcare.  

Structures: 

To lead someone to do something / to prompt someone to do something = to spur someone into doing something

To advocate something / to campaign for something

HOMEWORK for CLASS 7 (Week 6) Family Law (2)

Group 8

Chapters 127 and 128 (+ Vocabulary)

Prepare Text n° 1 p. 70 (Sperm Donors who know parents...) and answer the questions p. 71.

Prepare exercise 1 p. 69 (Sentence completion)

Prepare the grammar exercise. p. 74

Group 9 

Chapters 127 and 128 (+ Vocabulary)

Prepare Text n° 1 p. 70 (Sperm Donors who know parents...) and answer the questions p. 71.

Prepare arguments so that we can discuss "surrogacy" in the UK.

Prepare exercise 1 p. 69 (Sentence completion)

Prepare the grammar exercise. p. 74

Group 42

Chapters 127 and 128 (+ Vocabulary)

Prepare exercise 2: Case Study Radmacher v Granatino p. 72

Prepare exercise 1 p. 69 (Sentence completion)

Prepare the grammar exercise p. 74

Group 43

Chapters 127 and 128 (+ Vocabulary)

Prepare exercise 2: Case Study Radmacher v Granatino p. 72

Prepare exercise 1 p. 69 (Sentence completion)

Prepare the grammar exercise p. 74

Group 44

Chapters 127 and 128 (+ Vocabulary)

Prepare exercise 2: Case Study Radmacher v Granatino p. 72

Prepare exercise 1 p. 69 (Sentence completion)

Prepare the grammar exercise p. 74

Group 51

Chapters 127 and 128 (+ Vocabulary)

Prepare Exercise 2: Case Study Radmacher v Granatino p. 72

Prepare Grammar Ex. p. 74

FAMILY LAW, CHAPTER 128: Divorce and children

Vittorio de R., Edouard W. (G. 44)

For a divorce, some couples manage to reach an agreement, while others do not

I.               Section 8 orders

-       Parents can apply for a Section 8 order under the Children act of 1989, which allows the judge to issue different kinds of orders:

o   A Residence order:

§  Determines where the child is to live and who the resident (and non-resident) parents are.

§  Parents can apply for a joint residence order: the child lives at each parent’s house, and moves every other week.

Two conditions are required before the judge grants such an order:

-       the parents must live in the same area,

-       the child must be able to go the same school

-        

o   A Contact order:

§  Allows the non-resident parent to have contact with his child, generally every other week-end

o   Specific issue orders: Such orders are issued in case of particular needs, when the child follows a medical treatment for instance

o   Prohibited steps orders: the goal of such orders is to prevent one parent from performing certain actions on the child, such as circumcision or removing him from the country

GRAMMATICAL STRUCTURE:

To PREVENT someone FROM doing something

II.              Welfare of the child

-       When issuing an order, the judge focuses mainly on the child’s welfare: are taken into consideration his age, sex, background, but also personal wishes and feelings à his desire are taken into account

Vocab: To give weight to the child’s views = to take his views into consideration

III.            Enforcement

It is easier for the judge to issue orders rather than enforcing them.

Resident parents often refuse to follow court decisions à it may be due to their fear of the non-resident parent’s acts of violence towards the child.

·      Therefore resident parents often breach the order issued by the court

If this happens, orders issued by the court:

·      Can oblige the resident parent to allow contact between the child and the other parent. The issue can:

o   Give Contact activity directions, which are recommendations added to the contact order by the judge, aiming to improve contact with the child through counselling or parenting classes

o   Add conditions to the contact order

·      Contact activity directions and conditions encourage communication and agreement between parents as Counselling and parenting classes can be advised to the parents

-       Parents’ compliance WITH the order can be supervised by the Children and Family Court Advisory and Support Service (Cafcass), if requested by the judge.

Sanctions / Penalties:

Money is a way of punishing the parents for their non-compliance

·      The judge can require unpaid work from one of the parent

·      Compensation for financial loss is another possible sanction: In the case of breach of a contact order, a judge can oblige the resident parent to pay a sum of money to the other parent to cover any costs incurred by planned activities with the child that could not take place because of the resident parent’s failure to allow contact.

IV.           Comparative approach

-       French judges are much more inclined to issue a joint residence order, while English and Welsh judges prefer regular residence orders

o   As a consequence, in France, the parent who does not present the child to the other parent face legal charges, and potentially jail time

o   In England and Wales however, the sentence can never be jail time, as it would be counter-productive. Therefore, English judges issue intermediary orders, financial (unpaid work, compensation for financial loss) or conciliatory (contact activity direction or condition)

FAMILY LAW, CHAPTER 127: Divorce and dissolution

Murielle P. et Colas C. (G. 43)

·      A marriage or a civil partnership may be ended:

o   Upon the death of one of the spouses or partners,

o   When a decree of divorce is issued (NB: to issue a decree of divorce)

o   By terminating of a civil partnership,

o   When a marriage is held to be void or voidable.  (NB: see the distinction between void and voidable)

I Ending a marriage or a civil partnership

1)    Annulment

·      The marriage can be held to be either void or voidable, or considered as non-marriage;

o   void: if the parties lack capacity to enter into union;

§  under the age of sixteen,

§  already legally married to someone else,

o   voidable if:

§  the marriage has not been consummated,

§  one of the spouses did not validly consent to marriage,

§  one of the spouses suffers from mental disorder making him/her ,unfit for marriage

o   non-marriage: parties have failed to comply with the formalities

·      The Court then delivers a decree of nullity

2)    Petition for divorce

Conditions:

·      The petitioner is the spouse who applies for a divorce order / who issues a petition with the court for a divorce order / who seeks a divorce order. (Voc: to issue a petition with the court)

·      The respondent defends the divorce petition

·      Only after one year of a marriage may courts grant judicial separation

GRAMMATICAL STRUCTURE: Only + Auxiliary + Subject + Verb

·      The petitioner has to prove that there is an irretrievable breakdown of the marriage (/that the marriage has irretrievably broken down) by choosing one of five grounds:

o   1) adultery,

o   2) unreasonable behaviour,

o   3) desertion

o   4) two years’ separation,

o   5) five years’ separation,

Ø  In England and Wales, pleading irreconcilable differences is not ground for divorce

Ø  Dissolution of a civil partnership and marriage of same-sex couples: only four grounds because the Marriage (Same-sex couples) Act 2013 did not extend adultery as a valid ground for the divorce of same-sex couples.

·      If the respondent disagrees with the facts alleged by the petitioner, he can defend the divorce. However, 99% of divorcing couples opt for an undefended divorce. It means that the respondent agrees with the grounds on which the petition is based.

·      Why?

o   Because proceedings are:

§  Time consuming

§  Very expensive

§  Uncertain

o   There is a special procedure for undefended divorces:

§  It enables the parties not to attend the hearing,

§  Their case is decided on a piece of paper.

II Court procedure

Ø  In case of a marriage breakdown:

·      Once one of the spouses has issued a petition, then Family courts (either county courts or the Family Division of the High Court) can:

o   Issue an order of judicial separation (which does not terminate the marriage but enables the spouses to live separately)

o   Decide the dissolution of a civil partnership

o   Put an end to a marriage

ð  By delivering first a decree nisi and a decree absolute of divorce.

o   Decree nisi: legal document stating the court sees no reason why the couple cannot divorce

o   Decree absolute of divorce: this document legally ends the marriage.

·      The spouses have to agree about matters:

·       

o   Related to children (right of contact, residence or shared parenting): otherwise, the court is entitled to refuse to grant a divorce.

o   Related to financial issues: otherwise (in case of disagreement over financial issues), the divorce process will be slowed down but not stopped. The judge will then decide about the financial arrangements (such as the distribution of assets, or the payment of spousal maintenance designed to compensate the former spouse for the financial loss incurred by the divorce).

·      In all cases: the formal divorce can be finalised before the completion of the financial arrangements.

NB: Vocabulary

The former terms “Access, Custody, Alimony” have been respectively replaced by the terms Contact, Residence, and Maintenance.

Access ê Contact

Custody ê Residence

Maintenance ê Maintenance

FAMILY LAW, CHAPTER 63: Children and Parents

The development of Assisted Reproductive Techniques + the recognition of same-sex couples’ rights to adopt é New Challenges

Family can be defined in many ways:

·      nuclear family

·      kinship,

·      stepfamilies

 Parental Responsibility and Surrogacy

The common law defines legal parenthood by genetic parentage. (The courts presumed that the mother’s husband was the legal father of her child.)

However, the Human Fertilization and Embryology Act 2008 changed the definition of motherhood:

·      é It prescribes that the person who gives birth to the child is the child’s legal mother.

·      é So, since then, statutory law has drawn a distinction between genetic and gestational motherhood.

Since surrogacy is legal in England, this distinction can give rise to legal issues if the couple has struck a surrogacy arrangement with a surrogate mother:

·      Although the surrogate mother has no genetic link to the child, she is considered as the legal mother of the child since she carries it and gives birth to it. Conversely, a sperm donor in a licensed clinic is not considered as the legal father.

·      Usually, surrogate mothers give up the child for adoption after the birth, but since the arrangement is not binding on the parties:

The birth mother may refuse to give up the child for adoption

The commissioning couple then have to make a claim in court and apply for a parental order and a residence order

Adoption

In England and Wales, adoption is open to anyone over  21 years old:

·      a single person,

·      a couple (married or civil partners),

·      two people of different or the same sex.

Still, pursuant to international conventions related to adoption:

·      the consent of the biological parents is always required for the adoptive parents (the adopters) to become the legal parents of the adopted child (the adoptee). 

There can arise other situations when a judge can choose a guardian to take over the responsibility of the child: for ex if:

·      the child if both parents are deceased (the child = an orphan) or

·      one of the surviving parents does not have parental responsibility

Before the adoption order is issued by a judge, the child can stay with foster parents.

Vocabulary (related to Chapters 62 & 63):

Family ties

On a case by case basis

To lay down a rule

Parentage ≠ parenthood

To give advance notice of a marriage

A child of unknown parentage: un enfant de père et mere inconnus

To strike (struck, struck) a surrogacy arrangement

To enter into an agreement / to enter into a pre-nuptial contract

To issue an adoption order

Marriage ≠ Wedding

A pre-marriage course ≠ Wedding preparations

Same-sex couples

Opposite sex couples

To create a statutory obligation upon religious authorities

To give advanced notice of something

To record the union in the marriage register

A double-barrelled surname

To be born within wedlock ≠ to be born out of wedlock

Property acquired prior to marriage/ during marriage

To enter into a pre-nuptial contract

To “pop the question” / “to give the bride away” / To “tie the knot” (These phrases have different meanings)

A cohabiting couple

A cohabitant

In the event of separation

To die intestate

To draw up a will

To get married in a church

To marry someone / to get married to someone

Cohabiting couples

To sign a cohabitation contract

A genetic mother

A gestational mother

A surrogacy arrangement

To meet the expenses incurred by the pregnancy

Adopter (n.) / Adoptee (n.)

Guardian (n.) / Orphan (n.)

FAMILY LAW, CHAPTER 62: Marriage and Cohabitation

(Inès D, Alix L.)

I) MARRIAGE IN GENERAL

A)   Procedure

-       Spouses have to give advanced notice of their marriage

-       Celebration can be civil or religious

-       The union has to be recorded in the marriage register

-       At the end of the ceremony: a marriage certificate, which proves the couple’s marital statute, is issued.

B)   Effects: they have to participate in the founding for the day to day running of the household: respond to household expenses and provide for household allowance.

The husband has automatic parental responsibility towards any children born within wedlock. However, the Marriage Act (Same-sex couples) 2013 did not extend this presumption to lesbian couples. 

C)   Regime: no matrimonial regime in the UK: everything is shared (inherited and matrimonial property, and the couple’s assets).

That’s why spouses often sign pre-nuptial or post-nuptial contracts, which put limits on this community of sharing. This contract also serves to cope with the discretionary power of judges in case of divorce.

II) SAME-SEX COUPLES

A)   MARRIAGE

- The Marriage Act, 2013 = legalised same-sex marriage in England and Wales

- Only concerns civil marriage, religious marriage depends on the religion

- Same procedure, effect and regime for homosexual or heterosexual couples

- Only few exceptions.

B)   CIVIL PARTNERSHIP

- The Civil Partnership Act, 2004 = allowed exclusively same-sex couples to register a civil partnership and to obtain essentially the same rights and responsibilities as civil marriage.

- Couples that have been in a civil partnership can transform it into marriage.

- It is also open to couples in which one of the spouses has changed gender.

III) COHABITATION

- Concerns couples who decided not to get married, or same-sex couples who don’t want to register a civil partnership

- Cohabitants have fewer rights and no obligations towards each other

- It is a very free and independent form of union

- If one cohabitant dies intestate (i.e. without drawing up a will), the other cannot claim inheritance.

- However, possibility to sign a cohabitation contract to determine how property should be distributed in the event of separation.

- Cohabiting couples enjoy the same protection as married couples against domestic violence (see non-molestation orders…)

Chapter 60

Chapter 59

Chapter 58

CHAPTER 57: Human Rights, General Information

Chloé B. / Sophie de L. 

I: definition of human rights

What is a human right?

ñ Human rights refer to entitlements and liberties that each person possesses simply because they are human beings. The word “human” is used to refer to the equality of all human beings. There is no difference between the persons, everybody enjoys the same human rights = absolute rights.

ñ Human rights protect individuals from actions of the state and ensure states actions are in compliance with the law.

ñ Human rights existed before being recognized, and that they are inherent to human beings.

How are they protected?

Since the Human Rights Act in 1998, the human rights have been effective rights. This act protects:

ñ Substantive rights

ñ Procedural rights (permit the government to take procedural actions, to remedy human rights violations and to determine how to enforce, apply substantive human rights).

The Human Rights Act guarantees the compliance of public authorities with the European Convention of Human rights.

II : Incidence on the domestic system of the UK

The HRA changes the access to justice for human rights violations:

ñ Before the HRA, individuals who felt that their rights had been violated had to take their case to the European court of human rights in Strasburg, which was a lengthy and expensive process.

ñ Now with the HRA, it's possible for individuals to seek the enforcement of rights guaranteed to them directly from the UK national courts.

ñ However, an individual can still bring a claim to the ECHR once all possibilities of appeal in domestic courts have been exhausted.

Ccl :   The HRA is a very important text :

ñ It incorporates the ECHR into British law and creates a more efficient national access to justice for human rights violations.

ñ The HRA is the first text in the UK enumerating the fundamental rights of the citizens and setting limits on the acts of the public authorities (which has to act in accordance with this).

CHAPTER 3: The Court System

Camille U. / Paul J.

      ·         CIVIL

-       Variety of claims:

The Woolf Reform (1999) classified claims into three categories:

-Small claims: uniquely heard by the County Court.

-Fast track cases: heard either by the County Court or the High Court.

-Multi track cases: heard either by the County Court or the High Court.

-       First Instance

County Court: Inferior court hearing less complex civil claims below a fixed value of claim.

High Court (located in London): Superior Court hearing civil claims above a certain value of damages and/or complex cases. Divided in 3 branches:

o  Chancery Division (deals with cases concerning company law, property law, intellectual property law: copyright / patents).

o  The Queen’s Bench Division (deals with cases concerning complex contract and tort cases) / includes the Commercial Court (banking and insurance matters) and the Admiralty Court (shipping law).

o  Family Division (deals with matrimonial matters as divorce or domestic violence)

-       Court of Appeal

Its Civil Division hears appeals from the three divisions of the High Court and the county Court.

      ·         CRIMINAL

-       Less serious offences

First instance: Magistrates’ Courts

First appeal: The Crown Court

Second appeal: The criminal division of the Court of Appeal

-       More serious cases

The Magistrates’ court sends the case to the Crown court without hearing it.

First instance: The Crown Court

First appeal: The Criminal Division of the Court of Appeal

      ·         THE SUPREME COURT OF THE UNITED KINGDOM

- Both criminal and civil cases are heard by that court.

- It has been the Court of the last resort since October 2009 (Top of the Three Tier System).

-Only hears questions of general public importance.

      ·         OTHERS COURTS

-The Privy Council: concern UK dependent’s country as Commonwealth’s Countries, Crown dependencies, overseas territories

      ·         Note that:

-Magistrates’ Courts also hear some civil cases about family law (“family proceedings court”) or licensing (betting, liquor).

-The Queen’s Bench division may enounce some criminal points of law

-The “leapfrog” procedure: possibility to bypass the Court of Appeal. The case is then heard on appeal directly by the UKSC.

                                             Unit 2: The UK Supreme Court

Henry de G.

- The UK Supreme Court is one of the reforms undertaken by Tony Blair's government to modernize British institutions.

- The Supreme Court is the court of last resort for criminal and civil cases.

- It has replaced the Appellate Committee of the House of Lords.

I/ History of the highest court:  (The Appellate Committee of the House of Lords and the Constitutional Reform Act 2005)

-Historically, the Appellate Committee of the House of Lords had comprised Lords of Appeal in Ordinary or « Law Lords ».

-Lords had legislative power, some of them held positions in the government and a few others in the judiciary. This led to a confusion of powers.

-Lords were chosen by the Lord Chancellor.

-The principle goal of the Constitutional Reform Act of 2005 is the assertion of the principle of separation of powers in British institutions.

-Pressure from the European Convention on Human Rights and especially article 6, guaranteeing the right to a fair trial.

-The Constitutional Reform Act marked an important step towards a greater separation of power and led to three important changes:

ñ    The Lord Chancellor's role was redefined. Formerly, he/she was the Speaker of the House of Lords, a member of the Cabinet (i.e. of the executive) and the highest member of the judiciary in England and Wales.

ñ    He/she has lost many powers, and his/her judicial role has greatly decreased. He/She has only been a member of the Cabinet. He/she is no longer the highest member of the judiciary and is only responsible for the efficient functioning and independence of the courts.

ñ    The Appellate Committee of the House of Lords was replaced by a UK Supreme Court, which was to be completely separated from Parliament.

ñ    Supreme Court justices are now selected by ad hoc commissions, convened by the Lord Chancellor.

II/ The Composition and the role of the Supreme Court:

- October 1^st, 2009: The Supreme Court was formally inaugurated by the Queen. It sits in a separate building from Parliament, in the Middlesex Guildhall, on Parliament Square.

- Similarly to the USSC, members of the UK Supreme Court are called justices, but unlike the USSC, which comprises nine justices, the UKSC has twelve justices.

- The UKSC composition: eleven male justices, one female justice: Lady Hale.

- All have often held very high judicial functions before becoming Supreme Court justices. An exception was Lord Collins, who retired from the court in 2011.

- As it is the apex of the British court system, it is the court of final appeal (i.e. the court of last resort) for all civil cases in the UK (England, Wales, Scotland and Northern Ireland) and for criminal cases in England, Wales and Northern Ireland. But cases can be taken to the European Court of Justice or to the European Court of Human Rights, after a Supreme Court judgment.

-  leave, which is the right to appeal a decision, is granted either by the court which has rendered the decision or the court to which the appeal is filed.

NB: To grant leave / to give someone leave to do something (No article before “leave”)

- Decisions are taken by majority like for the USSC.

-  Contrary to the USSC, the UK Supreme Court cannot strike down laws, but can only declare the incompatibility of an Act of Parliament with a provision of the European Convention on Human Rights.

Vocabulary:

-A lower court decision is affirmed or reversed by the Supreme Court decision.

-An appeal is dismissed or allowed by the Supreme Court decision.

-The Supreme Court is allowed to depart from or overrule its own precedents.