INFORMATION: MAKE-UP CLASS L2 STUDENTS G28-96, G29, G10

Please note that May 5th being a bank holiday, Class n°12 will take place on Week 11, that is to say just before the midterm break:


G 10, 7h45, Thursday April 14th, Room 602

G 28-96, Friday April 15th, Room 608

G 29, Friday April 15th, Room 608

Exercise B p. 23.

1.              The Convention rights are enumerated in Schedule 1 of the HRA and include rights like the right to life, the right to a fair trial and the right to personal liberty etc…

2.              The concept of Parliamentary sovereignty in the UK ensures that parliament prevails over the executive and judicial branches so that that primary legislation take precedence over court or executive decisions.

3.              Judicial Rights review enables individuals to take constitutional legal action and challenge executive decisions taken by public authorities.

Monarchy + The Queen (by Stephen Frears (2006))

Monarchy

The current monarch has been Queen Elizabeth II since February 6th, 1952

Queen Victoria’s reign (1837-1901) is then the second longest one. —

In 2012, she celebrated her Diamond Jubilee.

—A Constitutional Monarchy

—The Bill of Rights (1689) curtailed the King or Queen’s powers.

The Queen is meant to be a non-partisan figure

She stands for unity as well as continuity, no matter what the political majority is.

She has mainly ceremonial, representational and diplomatic functions. 

She is still the official Head of the United Kingdom. 

(She is the Head of State / As Head of state)

—The Commonwealth Realms: Fifteen Commonwealth countries have the British monarch as their sovereign as well.

—Head of the Commonwealth: But, whatever the statute of the Commonwealth countries, whether they be republics or monarchies, the British monarch is also Head of the Commonwealth.   

—She is the Head of the Armed Forces / She officially declares war or signs treaties. 

—The Sovereign Support Grant

Relationship with the executive

—The executive powers are delegated from the sovereign to the Government.

The Queen appoints the Prime Minister:

—Weekly meetings: The Monarch’s role is a Consultative role

— In The English Constitution (1867), Walter Bagehot distinguished between

the “Dignified” part (Monarch)

and the “Efficient” part (HMG)

The role of the monarch is threefold. He has the right:
to be consulted
to encourage
to warn

                                                      Relationship with Parliament

The "Crown in Parliament"

—The State Opening of Parliament = the Speech from the Throne

The Royal Assent

—Life Peers (Life Peerages Act 1958):

She appoints life peers with the advice and consent of the Prime Minister

Role in the Judiciary

—Suspects are prosecuted by the Crown Prosecution Service or CPS 

—Barristers and solicitor advocates can be appointed Queen’s counsel, formally by the monarch, in fact by a panel of lawyers, judges and lay people. 

—The Queen no longer appoints senior judges since they are appointed by the Judicial Appointment Commission . 

—She can exercise the prerogative of mercy (grant free or conditional pardons, remit penalties, albeit on the advice of her government.)

—Pursuant to the Crown’s Proceedings Act (1947):

Civil actions can be brought against the Monarch who can now be sued in tort or in contract for himself/herself or servants or agents working for him/her.

NB: Vocabulary

Sue (v.): to bring a civil action against someone

Prosecute (v.): 1. to hold a trial against a person who is accused of a crime to see if that person is guilty / 2. to work as a lawyer to try to prove a case against someone accused of a crime

Tort (n.): an action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court / A wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction

To sue in tort

To sue for negligence

Head of the Church of England

The Monarch is the Supreme Governor of the Church of England.

He or she appoints bishops and archbishops on the advice of the Prime Minister who chooses from a list prepared by a Church Commission.

But, once more, her role is mostly titular since the spiritual leader is the Archbishop of Canterbury (i.e. the most senior clergyman). (Justin Welby)

—The Queen is “Fount of honours”:

She (or members of the Royal Family acting on her behalf) gives medals and honours to recipients mostly chosen by the PM.

Some orders, however, are considered as her “personal gift” and she is thus the only one who can decide who will be awarded them:

the Order of the Garter,

the Order of the Thistle

the Order of Merit,

the Venerable Order of Saint-John.

L2 HOMEWORK for WEEK 5 (Monarchy 2 and Parliament 1)

Level 2 Students: 

G. 23 and G 28:

Study the introduction to the unit on Parliament: p. 70-72 in order to be able to summarize it for the rest of the class !

Exercise 2 p. 75

Prepare Text 3 p. 78-79 (Unit : Parliament)

(Make a list of the new vocabulary and look for the corresponding definitions in English. Answer questions 1, 2 and 3 p. 79)

G 24 and G 29:

Study the introduction to the unit on Parliament: p. 70-72 in order to be able to summarize it for the rest of the class !

Exercise 2 p. 75

Prepare Text 1 p. 37-40 (Unit : Monarchy)

(Make a list of the new vocabulary and look for the corresponding definitions in English. Answer questions 1, 2 and 3 p. 79)

G. 47, G 48 and G 10: 

Exercise 3 Text 1, p. 35 : Crown in Parliament : Fill in the Blanks 

Grammar Exercise: Negative sentences in Past Perfect Simple p. 47-48

Study the introduction to the unit on Parliament: p. 70-72

With both level 2 and level students, we will start the class by finishing the chapter on Monarchy before moving on to Parliament. We will thus correct all the exercises that were supposed to be prepared for week 4. 

L3 Homework for Week 5: Discrimination

Study:
-The introduction to the chapter on Discrimination p. 43-44 (booklet) + the glossary, p. 57-58.
- Exercises terminology: 1. a. p. 44 and 2. p. 46.

Study the points covered on Week 4 (Civil Courts + Glossary + the following cases
G14: "Flood v. The Times Newspapers" and "Birmingham v Abdulla and others"
G15 and G16: "Flood v. The Times Newpapers" and "The R.F.U. v Viagogo")

L3 Text: Flood (Respondent) v Times Newspapers Limited (Appellant)

Flood (Respondent) v Times Newspapers Limited (Appellant) [2012] UKSC 11

The matter at hand is a case of libel involving the publisher of The Times and Detective Sergeant Flood working with the Metropolitan Police Service (MPS) Extradition Unit.

In response to allegations by the publisher of The Times (in an article) that he may have taken advantage of his position as Detective Sergeant to disclose confidential extradition information to a security firm (a third party) in exchange for money, the (aforementioned) Police Officer (i.e. the claimant) brought / issued a claim for libel (against the journalist, i.e. the respondent).

- to bring a claim

- to issue a claim

At first instance the High Court (in all likelihood the Queen’s Bench Division) found that the journalist was justified in publishing his article pursuant to the Reynolds privilege which protects journalists whenever the public interest is at stake.

The Police Officer appealed the High Court’s decision to the Court of Appeal, which reversed the High Court’s finding.

In turn, the Journalist (being at this stage of the procedure “the appellant”) petitioned the Supreme Court which unanimously allowed the appeal.

Holding that the journalist was indeed allowed to base his defence on the Reynolds privilege (/to resort to the Reynolds privilege for his defence), reversed the Court of Appeal’s decision.

Preliminary issue (preliminary point of law): In civil proceedings, a preliminary issue  is an issue ordered to be tried before the main trial of the case. An order for the trial of a preliminary issue may be made by the court if the preliminary issue (which may be a question of law) will be decisive or potentially decisive in the case. (Under Part 3 of the Civil Procedure Rules the court has the power to dismiss or give judgement on a claim after a decision on a preliminary issue.)

L2 Britain's UNCODIFIED Constitution

Reading Comprehension:

A written constitution for the UK is 'inevitable'

(Text 1, p. 24)

This document comments on Welsh First Minister Carwyn Jones’s calls for a codified constitution for the UK.

C. Jones contends that the need to protect local assemblies in Wales, Scotland and Northern Ireland demands / requires a written codified constitution. 

Under the current system, these assemblies may be repealed by Westminster at any time (like any other statute) without a vote by the people.

(NB: At a moment's notice)

(NB: To scrap = to repeal)

 If they were enshrined in a written constitution, it would be impossible for Westminster to scrap regional parliaments without putting the question to the people.

(NB: Should they be enshrined in a written constitution, it would be impossible...

 = If they were enshrined in a written constitution, it would be impossible)

Such a move would, without a doubt, put an end to the very principle of parliamentary sovereignty and would certainly officialise the fact that the UK is a looser entity with multiple centres of democratic accountability.

(NB: DO NOT CONFUSE: "lose / lost / lost (v.)" and "loose (adj.)" which is the opposite of "tight")

Yet, far from threatening its existence, a codified constitution would actually strengthen the UK as it could well convince Scotland to abandon its efforts to break away from the UK to become independent.

Scrapping the HRA

(p. 27)

According to the article, even though the Human Rights Act were repealed, UK courts would still apply principles enshrined in the ECHR.

Indeed, citizens could still take their case to the Court in Strasbourg and the precedents set by the court would apply in England, but citizens would not be able to bring an action in domestic courts first.

If a British Bill of Rights and Duties were adopted, convention rights would apply directly in UK courts again. However, the rights enshrined in this Bill of Rights may slightly differ from those of the Convention, so that while the right to vote might still be denied to prisoners, the right to education and to healthcare could be added. In that case the British Bill of Rights may not prove to be any less protective.

Nick Raynsford (MP: 1997-2015)

The Strengths and weaknesses of an Unwritten constitution:

L3 Homework for Week 4 (the English Civil Courts)

1. Study the introduction to the Court System (see Glossaire p. 17)

2. Study the corresponding vocabulary!

3. Exercise 2. Read (and prepare thoroughly!) the 3 texts of exercise 2, p. 37-39 of the Booklet.
For each text, try to answer the 4 questions asked in the introduction to the exercise (see p. 37.)
We will cover the three texts in class so it is essential that you have taken the time to prepare these texts before next class.

Do not forget to make sure to have good knowledge of the introduction to the Supreme Court chapter as well as of the "Case Study" (Ex. 5 p. 24) studied in class on week 3 as two students will be asked to give an account of what we discussed last week!

L2 Homework for week 4 (Monarchy)

1. Study the introduction to the unit on Monarchy: p. 30-32. (Also read p. 33-34) and study the glossary in the "what you need to know section" p. 48-49.

2. Exercises 1 and 2 p. 35

3. Read text 3 p. 42-43: Prince Charles's "black spider memos". Make a list of the unknown vocabulary and look for the corresponding definitions or synonyms (in English!).

We will start the class by correcting the "Sentence Completion" exercise 2b p. 23 (unit 3) that we have not corrected yet.

Level 1 Students: Do not forget to study the introduction to Unit 3 (Britain's Uncodified Constitution) as well as the document studied in class (text 1 p. 24) as two students will be asked to give an account of what was discussed in class last week.

" '71" by Yann Demange

Presentation on Brexit L2 G 28

L3 UNIT 1 Gary Slapper: The Law Explored: naked and unarmed – but shot dead by mistake

Text 3:

The Law Explored: naked and unarmed – but shot dead by mistake

While conducting a search of the victim’s flat, Police Constable Christopher Sherwood shot James Hastley dead, as he believed the latter was threatening him with a weapon.

(nb: shoot someone ≠ shoot at someone ≠ shoot someone dead)

As a result / Consequently / As a consequence / It ensued that, Constable Sherwood was charged with murder and tried at the Crown Court.

For his defence, Sherwood argued that he genuinely thought Ashley had been armed when he came at him and that he had acted in self-defence. Sherwood claimed he had made an honest mistake. His defence was successful and he was acquitted.

Ashley’s family, however, chose to bring a so-called “vindicatory” civil action for assault, that is to say an action motivated by the wish to prove that a fundamental right has been infringed but not by the hope of obtaining compensation (which is usually the point of a civil action).

Although Sherwood had already been acquitted, the Court of Appeal decided a civil trial could go ahead. Indeed, the Court considered, Sherwood may have not committed a crime as he had made an honest mistake, but he might nonetheless have committed a wrong in civil law.

Whereas to convict Sherwood for murder the prosecution had to prove that the defendant’s mistake was not genuine, a defendant pleading “mistaken self-defence” in a civil case (when sued for assault) would have to convince the court that his mistake was both honest and reasonable.

(The burden of proof lies with / rests on the prosecution)

(nb: Irreg. v. to lie, lay, lain)

This higher standard / higher requirement (i.e. reasonableness) highlights / throws light on / sheds light on / underlines the difference between criminal law and civil law.

This also pinpoints the fact that while a criminal inquiry is mainly subjective (a subjective inquiry into the mind of the accused), a civil one by comparing the defendant’s action with the way in which a “hypothetical reasonable man” would have reacted in a similar set of circumstances, is chiefly / primarily / in the main objective.

nb Pronunciation: to con’vict ≠ a ‘convict

Homework for Week 3 (L3 Students): The UK Supreme Court

1. Study the introduction to the chapter on The UKSC p. 14-18 + Glossary p. 32.
2. Exercise 1. A and B, p. 18
3. Exercise 3 p. 19: Sentence completion
4. Read and prepare text p. 24: CASE STUDY (Exercise 5)
Make a list of all the vocabulary that you do not understand
Look for the corresponding definitions in English.
(To do so, you may check the Online Cambridge Dictionary, the Online Oxford Dictionary or the Thesaurus.)
Archive this list so you can study it again before the exam.

Homework for Week 3 (L2 students).

For Level 1 Students:

Study the introduction to The Uncodified Constitution (p. 19-21) + Glossary p. 29.
Exercise 2, A. and B. (p. 21-23)

For Level 2 Students:

Study the introduction to The Uncodified Constitution (p. 19-21) + Glossary p. 29.
Exercise 2, A. and B. (p. 21-23)

Read text 3 p. 28: Scrapping the 1998 Human Rights Act…

+ Read: "The Government is playing a dangerous game trying to scrap the Human Rights Act, by Philippe Sands, The Guardian, 21 October 2015:

The Government is playing a dangerous game

Sources of Law Summary

Sources of Law

Summary

A. Common Law

Ø  Before the Norman Conquest (1066), most rules and practices developed at a local level.

Ø  After the invasion of England by William the Conqueror in 1066 (Battl e of Hastings), the Norman kings set up a more centralised power:

o   Travelling justices:

·      Applied customary rules

·      Introduced their own decisions

ê This harmonised the legal system throughout the country

Ø  Under Henry II (Plantagenet 1154-1189) in the 12^th century, the system became known as the common law.

·      Courts were set up under the authority of the king.

·      These court decisions prevailed over those of local courts.

Ø  Common law and the writ system

·      Plaintiffs / Claimants began legal actions in royal courts by paying for a court order called a writ.

·      Each writ recorded a particular claim.

·      Courts established a collection of acceptable claims.

o   By the 13^th century, the system had become more rigid:

·      Rules were imposed making it difficult to create any new writs.

·      New situations would not be taken into account.

·      The only possible remedy at common law was damages.

NB: Damage ≠ Damages ≠ Prejudice

Ø  Development of Equity

o   Many parties started to turn to the King directly to obtain redress.

o   The King delegated his power to his closest advisor, the Lord Chancellor.

o   é In the 14^th and 15^th century, a new category of law was created:

Equity which provided new remedies:

-       Injunctions

-       Orders of specific performance

o   In 1615: if was decided that whenever there was a conflict between common law and equity, equity would prevail.

Ø  Judge-made law

o   Decisions at common law and in equity = judge-made law / case law.

o   Based on concrete cases, these decisions set precedents, which would be applied in later cases (raising the same legal point in similar circumstances).

o   End of 18^th century, court records became available: precedents were applied more consistently.

B. Legislation

Ø  Origins of Parliament: barons of England that forced monarchs to hold regularly in meetings called parliaments (+ prelates and knights and burgesses) to obtain their approval of royal measures (especially taxation).

Ø  Alongside common law, Parliament enacted more and more legislation:

o   Acts of Parliament = Statutes = Statutory Law

o   Statutes prevail over common law.

o   Statutes alter, codify the law.

o   Court rulings (precedents) became interpretations of legislative acts.

Ø  By the middle of the 15^th century, the House of Commons fully shared lawmaking power with the House of Lords (i.e. approval by the Commons was now needed for bills to become statutes).

Ø  In the 16^th and 17^th century though, The Tudors and The Stuarts ruled as absolute monarchs.

o   The English Civil War (1642-51) and the death of Charles I (beheaded) is the direct result of the conflict between the King and Parliament.

o   The Glorious revolution (1688) and the Bill of Rights (1689) marked the end of absolute monarchy in England and the assertion of Parliamentary Sovereignty.

Ø  Parliamentary Sovereignty:

o   As there is no entrenched Constitution to circumscribe the powers of Parliament, Parliament is said to be sovereign:

o   Parliament passes acts that constitute the highest law of the land.

o   New acts prevail over existing case law and replace former acts.

Primary Legislation passed by Parliament.

Power can be delegated by Parliament to the Government, enabling it to create secondary legislation.

Devolved legislation (Wales, Scotland, Northern Ireland)

C. European Law

Ø  The UK joined the European Economic Community in 1973, which became the European Union (Maastricht Treaty 1992).

Ø  The UK is bound by EU law in the form of:

-       Directives (that require UK parliament to pass legislation of its own)

-       Regulations

Ø  The UK obtained opt-outs:

-       To stay outside the Schengen Area,

-       Avoid adopting the euro,

-       Maintain sovereignty in certain areas of justice.

Ø  The European Court of Justice (ECJ) reviews, interprets and ensures the application of EU law, which prevails over UK law and results in a partial loss of sovereignty.

D. The European Convention on Human Rights

Ø  The Council of Europe (1949) signed the European Convention on Human Rights (ECHR), which went into effect in 1953.

Ø  The European Court of Human rights

o   It was set up in 1959

o   It hears cases against those states (usually brought by individuals) for violation of ECHR provisions.

o   Its decisions (awarding compensation to the claimant) must be executed by the states.

Ex: Louise O’Keeffe / Ireland  (child abuse) 2014.

Ø  To make the ECHR applicable directly in courts of the UK, the UK parliament passed the Human Rights Act in 1998 (which came into effect in 2000)

Ø  After his re-election in May 2015, the current Prime Minister, David Cameron, has announced that he would repeal the Human Rights Act and draft a British Bill of Rights.

---