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The framework of a constitutional monarchy

The Monarch the supreme head of state

1. The Parliament the legislative power2. The Government the executive power and

partial legislative power with PM as its head

3. The Judiciary the law execution

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The MonarchThe head of the all.

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The queen, the head of state, is theoretical and nominal source of executive, judicial and legislative power in the

UK:

the head of the executive branch of governmentgiving effect to all laws

pardoning criminal offenses and canceling punishmentsthe commander-in-chief of the armed forces the temporal head of the Church of England

conferring all titles of rank and appoints judges, officers of the armed forces, governors, bishops and diplomats

concluding treatiesdeclaring war upon and making peace with other nations

Today the sovereign only has an ceremonial role restricted in exercise of power by convention and public opinion

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In reality, however, Perform rights only on the advice of the ministers.Not personally take part in the process in which decisions are made. The power of veto in legislation: never exercised in the past 200 years

The importance of the monarchy:Is found in its effect on public attitudeIs used to represent the continuity and adaptability of the whole political systemIs used as a symbol of the unity of the whole country, an acceptable bound among the peoples who retain many regional and cultural differences.People are convinced that the Queen has no bias towards any nation and exists to help preserve the people's rights, the right to personal property and the right not to be imprisoned without a trial.

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Three essential rights are still exercised by the queen:

1. the right to be consulted, 2. the right to advise and

3. the right to warn.

Prime Ministers hold weekly confidential meetings with the monarch in which the sovereign holds the right to express her opinions.

The power of prime ministerThe right to suggest the dissolution of Parliament

The right to appoint ministersThe ability to declare war

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Her majesty's personal flagYesterday Today

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The parliamentThe legislative

body

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Parliament the centre of the political system in the UKthe supreme legislative bodyThe Government is drawn from and answerable to itParliament is bicameral, consisting of the House of Commons and the House of Lords.

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The Parliament of the UK is the supreme legislative body in the United Kingdom and British overseas territories. It alone has parliamentary sovereignty, conferring it ultimate power over all other political bodies in the UK and its territories. At its head is the Sovereign, Queen Elizabeth II.

The parliament is bicameral.the House of Lords: the upper housethe Lords Spiritual (the senior bishops of the Church of England 神职议员 ) the Lords Temporal (members of the Peerage 非神职议员 )the members are not elected by the population at large but are appointed by past or current governments.the House of Commons: the lower housea democratically elected chamber with elections held at least every 5 yearsMPs comes from 646 constituencies of roughly equal population

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The Queen is the third component of ParliamentIn theory, the Queen-in-Parliament has the supreme legislative power.In practice in modern times, real power is vested in the House of Commons; the Sovereign generally acts on the advice of the Prime Minister.The powers of the House of Lords are limited.

The two Houses meet in separate chambers in the Palace of Westminster.

By constitutional convention, all government ministers, including the Prime Minister, are members of the House of Commons or, less often, the House of Lords, and are thereby accountable to the respective branches of the legislature.

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Either House may introduce a bill (draft Act of Parliament).

Only the House of Commons can deal with finance or representation, which is always introduced in the House of Commons.

Those that pass through all the necessary stages (first and second readings, committee and report stages, and third reading) in both Houses receive Royal assent and become law as Acts of Parliament.

The House of Lords may not alter a financial measure, nor can it delay for longer than one year any bill passed by the House of Commons in two successive sessions.

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Parliament has the power to supervise the government. The main opportunities offered in the House of Commons for detailed examination of government policy are provided through Parliamentary questions and answers during debates.

During Question Time (which lasts for just under one hour on four days in the week) questions involving issues of national importance or concerned with purely local or individual matters may be put to the responsible minister by any member of Parliament, provided due notice has been given.

Parliament has the power to supervise finance. The government cannot legally spend any money without the permission of the House of Commons.

On Supply Day (traditionally set aside for authorizing proposed public expenditure), custom has given the Opposition the right to decided which of the Estimates it wishes to discuss, and thus to criticize government policy and administration on grounds of its own choice.

The House of Commons still keeps a rather closer contact with taxation. Each year the taxes are authorized by a finance act, which is based on the budget presented by the Chancellor of the Exchequer (head of the Treasury).

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The Government

Mr. Speaker ( 议长 )

The Opposition

Currently a 30 minute session held on Wednesday after 12:00. The Leader of the Opposition has six questions. Other backbench opposition MPs also have the right to question the

Prime Minister.

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Mr. Speaker: the Speaker of the House of Commons Mr. Speaker is the presiding officer of the House of Commons,

and is seen historically as the First Commoner of the Land. The Speaker presides over the House's debates, determining

which members may speak. The Speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House.

Conventionally, the Speaker remains non-partisan, and renounces all affiliation with his or her former political party when taking office. The Speaker does not take part in debate nor vote (except to break ties, and even then, subject to conventions that maintain his or her non-partisan status).

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The Lord Speaker: the speaker of the House of Lords

Historically, the Lord Chancellor （御前大臣 ） presided in the Upper House of Parliament, the House of Lords. However, this function devolved to a separate person, the Lord Speaker, under the Constitutional Reform Act 2005, in July 2006.

The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom. The Lord Speaker is elected by the members of the House of Lords and is expected to be politically impartial.

(speakers of the houses)

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The UK parliament remains the sovereign parliament, and all the four nations of the kingdom are represented in the Parliament at Westminster (London).

In 1999, both Scotland and Wales had their own parliament or assembly. Northern Ireland parliament was open in 2007.

All three devolved institutions are elected by proportional representation. The devolved governments have some legislative and other powers, but no legal right to exist. They can have their powers broadened, narrowed or changed by an Act of the UK Parliament.

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The governmentthe executive body

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Logo and Arms of the government

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The formation of the government The monarch appoints a Prime Minister as the head of Her

Majesty's Government. The strict convention that the Prime Minister should be the

member of the House of Commons. The Prime Minister selects the other Ministers which make up

the Government and act as political heads of the various Government Departments.

Twenty of the most senior government ministers make up the Cabinet.

In total, there are about 100 ministers that comprise the government. In accordance with constitutional convention, all ministers within the government are either Members of Parliament or peers in the House of Lords.

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The head of Her Majesty's Government the de facto wielder of executive powers in the British

Government

10 Downing Street 70 WhitehallPrime minister's residence The Cabinet

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Composed of the most senior government ministersChosen by the Prime MinisterMost members being heads of government departments with the title “Secretary of State”Formal members being drawn exclusively from the House of Commons and the House of Lords.

The Cabinet used to be the key formal decision making body of the executive.The political and decision-making authority of the cabinet has been gradually reduced over the last several decades.

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Her Majesty's Loyal Opposition （女王陛下忠实的反对党） the Official Opposition is led by the Leader of the Opposition.

This is usually the second-largest party, as the largest party will usually form the government.

The Government in Shadow. （影子政府） The Leader of Her Majesty's Most Loyal Opposition is often seen

as the Prime Minister in waiting. Although the Opposition has no more formal powers in setting

the Parliamentary agenda, in reality they have a certain influence through a process known as the usual channels.

Although there has not recently been a dispute as to who holds the position, under the Ministerial and other Salaries Act 1975, the Speaker's decision on the identity of the Leader of the Opposition is final.

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Local governments

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DivisionsFirst level:8 regions and Great London

Second levelCounties

Third levelDistricts

Great London:City of London32 Boroughs

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England

Eight Regions Greater London

84 Counties 34 Counties 32 Boroughs

Districts

City of London

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Scotland

32Council Areas

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Wales

10County

Boroughs

3 Cities

9Counties

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Northern Ireland

22Districts

6Counties

4Cities

The arrangements for the election of the councilors are rather complicated, and are not the same for all types of councils. Members of county councils are elected for three years at general elections taking place every three years. With district council there may be an election every year, but only one-third of the seats in each council are filled at each annual election.

Every local council has its presiding officer, and this post is filled by the vote of the whole council, for only one year at a time. The presiding officer of a county or district council is called the Chairman or a more neutral term, Chairperson is used instead, but in a district that is a borough or city he or she is called Mayor or Lord Mayor.

All local councils work through committees. Each council has a committee for each of the main sections of its work. For every important matters the committee can only recommend to the council what is to be done, and the decision is made by the council in general session. Meetings are normally open to the public.

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The Constitutional Reform Act 20051. The House of Lords used to be the supreme court.2. The New Supreme Court （最高法院） of the United Kingdom in

Oct. 2009 will serve as the highest court of appeal from the courts of England and Wales and of Northern Ireland and for civil cases from the Court of Session of Scotland.

The Ministry of Justice ( 司法部 ): an administrative agency of courts

1. The Court of Appeal （上诉法院） , 2. The High Court （高等法院） , 3. The Crown Court （刑事法院，王权法院，皇冠法院） ,4. The Magistrates' Courts （治安法院 ） , and 5. The County Courts （郡法院 ）

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Not having a single unified judicial system:England and Wales have one system,Scotland another, and Northern Ireland a third.

Exceptions:The Asylum and Immigration Tribunal （法庭） and the Special Immigration Appeals Commission covers all of the United Kingdom in the area of immigration lawThe Employment Tribunal and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain in employment law (but not Northern Ireland).

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(judiciary system of England and Wales. ppt) The Senior Court of England and Wales1. Used to be the Supreme Courts of

England and Wales before Reform Act 20052. is the most important superior court3. Is composed of:

a. Court of Appeal,b. High Court of Justice, andc. Crown Court

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The Court of Appeal:1. dealing only with appeals from other

courts2. consisting of two divisions:

a. the Civil Division: hearing appeals from the High Court and County Court and certain superior tribunalsb. the Criminal Division: hearing appeals from the Crown Court connected with a trial on indictment

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The High Court of Justice 1. a civil court of first instance and a criminal appellate court for cases from the subordinate courts2. consisting of three divisions:a. the Queen's Bench （王座庭） ,b. the Chancery ( 大法官庭 ), and c. the Family divisions （家庭庭）

The divisions of the High Court are not separate courts. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court.

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The Crown Court is 1. a criminal court of both original

and appellate jurisdiction2. a limited amount of civil business

both at first instance and on appeal. 3. It is the only court that has the

jurisdiction to try cases on indictment4. 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.

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Subordinate courtsMagistrates' Courts, Family Proceedings Courts, Youth courts, and County Courts.

Magistrates' Courts, presided over by a bench of lay magistrates (or justices of the peace), or a legally-trained district judge (formerly known as a stipendiary magistrate) sitting in each local justice area.no juries ( 陪审团 ).hearing minor criminal cases, as well as certain licensing applications

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Youth courts 1.dealing with offenders aged between the ages of

10 and 17 inclusive.2.presided over by a specially trained subset of

experienced Adult Magistrates or a District Judgehaving a wider catalogue of disposals available to them for dealing with young offenders

3.often hearing more serious cases against youths (otherwise dealt with by the Crown Court)

4.not open to the public for observation, only the parties involved in a case being admitted

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The Family Proceedings Court:1.hearing Family law cases including

care cases and having the power to make adoption orders

2.not open to the public3.some Magistrates' Courts are also

a Family Proceedings Court

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County Courts statutory courts with a purely civil jurisdictionpresided over by either a District or Circuit Judge andthe judge sitting alone as trier of fact and law without assistance from a jurylocal courts in the sense that each one has an area over which certain kinds of jurisdiction —mostly actions concerning land—are exercised. in general any county court entitled to hear any action

Tribunalsfalling under the direct responsibility of the Lord Chancellorbe considered the lowest rung of the court hierarchy in England and Wales

(judiciary system of England and Wales. ppt)

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Middlesex Guildhall Crown Court, Little George Street London SW1P 3BB

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The courts of Scotland fall into two systems: civil courts and criminal courts. (link)

Civil Courts (ppt) The House of Lords

the highest civil court of appeal In practice, only the Law Lords hear the appeals.

The Court of Session （会审法庭）1. the supreme civil court in Scotland2. both a court of first instance and a court of appeal and

sits exclusively in Parliament House in Edinburgh3. The court of first instance is known as the Outer House

（外庭） , the court of appeal is known as the Inner House （ 内庭）

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The Sheriff Court ( 郡法庭 )1. sitting locally2. the Court of Session and Sheriff Courts largely

overlapping jurisdiction determined by the choice of the pursuer (the claimant)

3. the majority of difficult or high-value cases in Scotland brought in the Court of Session

4. Any final decision of a Sheriff may be appealed.

Other minor local courts or tribunalsScottish Land Court ( 苏格兰土地法庭 )Lands Tribunal for Scotland ( 苏格兰土地特别法庭 )

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Criminal Courts (ppt) The High Court of Justiciary ( 高等司法法院 ): Scotland's supreme

criminal court1. a court of first instance and a court of appeal2. a. final decision for the appeal case: no further appeal b. appeal may be made to the first instance cases to the House of Lords

The Sheriff Court 1. the main Scottish criminal court2. sitting locally3. a. a solemn ( 重案 ): the Sheriff sits with a Jury of 15, or b. a summary （即决裁判） : the Sheriff sits alone. 4. the maximum penalty: a. 12 months' imprisonment or a £10,000 fine (in summary cases) b. or 5 years' imprisonment or an unlimited fine (in solemn cases)

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District Courts 1. introduced in 1975 2. sitting in each local authority area under summary

procedure only3. Each court comprises one or more Justices of the Peace

(lay magistrates) who sit alone or in threes with a qualified legal assessor as convener or clerk of court

4. cases handled: a. the breach of the peace, b. drunkenness, c. minor assaults, d. petty theft, ande. offences under the Civic Government (Scotland) Act 1982

5. maximum penalty: 60 days' imprisonment or a £2,500 fine

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The High Court of Justiciary: Edinburgh

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Court of Judicature

（ Appeals from the Court of Appeal and High Court ）

Court of Appeal（ Appeals from the Crown Court, High Court, county courts, and tribunals ）

High CourtQueen's Bench Division | Family Division | Chancery Division

County Court(small claims court, district

judges' court and family care centres)

Crown Court

(Criminal cases)

The Supreme Court of Judicature1.the most important superior court of

Northern Ireland.2.consisting of the following courts:

a. The Court of Appeal (“Her Majesty's Court of Appeal in Northern Ireland”) b. The High Court (“Her Majesty's High Court of Justice in Northern Ireland”) c. The Crown Court (“Her Majesty's Crown Court in Northern Ireland”)

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The Court of Appeal in Northern Ireland is highest court of Northern Ireland. Appeal from the Court of Appeal lies to the House of Lords. The Court of Appeal hears appeals from the Crown Court, High Court, county courts, courts of summary jurisdiction and tribunals.

The High Court in Northern Ireland is split into three divisions: Queen's Bench Division, Family Division and Chancery Division. The High Court is located in the Royal Courts of Justice, Belfast.

The Crown Court in Northern Ireland hears more serious criminal cases. These are indictable offences and “either way” offences which are committed for trial in the Crown Court rather than the magistrates' courts.

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The County Courts are the main civil courts. While higher value cases are heard in the High Court, the county courts hear a wide range of civil actions, consumer claims, and appeals from magistrate's courts.

Magistrates' Courts (including Youth Courts and Family Proceedings Courts 家事法院 ) are the subordinate courts. They hear less serious criminal cases and conduct preliminary hearings in more serious criminal cases. They are divided into 21 Petty Sessions Districts.

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Court of Judicature

（ Appeals from the Court of Appeal and High Court ）

Court of Appeal（ Appeals from the Crown Court, High Court, county courts, and tribunals ）

High CourtQueen's Bench Division | Family Division | Chancery Division

County Court(small claims court, district

judges' court and family care centres)

Crown Court

(Criminal cases)

Assignment What's your idea about UK keeping the

monarch? 200 words

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