The legal system
The legal system
Law of the United Kingdom and Ireland > England and Wales > General
Edition Details
- Creator or Attribution (Responsibility): Kate Malleson
- Biografical Information: Kate Malleson is Professor of Law, Queen Mary, University of London. She is the author of The New Judiciary and has published widely on the judiciary and the legal system. She was a member of the Fawcett Commission on Women in the Criminal Justice System which reported in 2004 and is case notes
editor of the Modern Law Review. - Language: English
- Jurisdiction(s): England
- Publication Information: Oxford [UK] ; New York : Oxford University Press, ©2005
- Material: Internet resource
- Type: Book, Internet Resource
- Series title: Butterworths core text series.
- Permalink: https://books.lawi.org.uk/the-legal-system/ (Stable identifier)
Additional Format
Online version: Malleson, Kate. Legal system. Oxford [UK] ; New York: Oxford University Press, ©2005 (OCoLC)607776860 Online version: Malleson, Kate. Legal system. Oxford [UK] ; New York: Oxford University Press, ©2005 (OCoLC)608388915
Short Description
XVIII, 291 pages ; 22 cm.
Purpose and Intended Audience
Useful for students learning an area of law, The legal system is also useful for lawyers seeking to apply the law to issues arising in practice.
Research References
- Providing references to further research sources: Search
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Bibliographic information
- Responsable Person: Kate Malleson.
- Publication Date: 2005
- Copyright Date: 2005
- Location: Oxford – New York
- Country/State: England
- Number of Editions: 24 editions
- First edition Date: 2003
- Last edition Date: 2010
- Languages: British English
- Library of Congress Code: KD7100
- Dewey Code: 349.42
- ISBN: 9780199282418 0199282412
- OCLC: 61303422
Publisher Description:
The Legal System provides a concise and up-to-date review of the institutions, personnel and procedures that make up the legal system in England and Wales. Current changes are explained and critically evaluated. Using practical examples, the book analyses recent and ongoing developments by
identifying a number of key themes and tensions underlying the legal system today.
Table of Contents
Contents
Preface v
Preface to the second edition IX
Chapter one Introduction
Summary
Trends and themes
The expansion of the legal system
Political and economic significance of the legal system
The pace of change in the legal system
Efficiency versus quality of justice
Access to justice versus litigation reduction
Private versus public justice
Lay versus professional justice
Inquisitorial versus adversarial justice
Further reading
Self-test questions
Chapter two The organisation of the courts
Summary
Tribunals
Magistrates'
courts
Crown Court
County court
High Court
Court of Appeal
Appellate Committee of the House of Lords
Judicial Committee of the Privy Council
Further reading
Useful websites
Self-test questions
Chapter three Sources of law
Summary
Case law
Legislation
European Law
The Human Rights Act 1998
Other international treaties
Further reading
Useful websites
Self-test questions
Chapter four The Human Rights Act 1998
Summary
The traditional English approach to human rights
The European Convention on Human Rights
Political history of the Human Rights Act 1998
The structure and provisions of the HRA 1998
HRA 1998, ss 3 and 4
HRA 1998, s 2
HRA 1998, s 6
Key Human Rights Act cases
The application of HRA 1998, s 3 and s 4
The Human Rights Act and judicial review
The Human Rights Act and the judiciary
Conclusion
Further reading
Useful websites
Self-test questions
Chapter five The legislative process
Summary
The Whitehall stage
Drafting
The Westminster stage
Royal Assent
Overview of the system
Further reading
Useful websites
Self-test questions
Chapter six Statutory interpretation
Summary
Different approaches to statutory interpretation
Aids to interpretation
Pepper v Hart
The Human Rights Act 1998
Further reading
Self-test questions
Chapter seven Case law, precedent and judicial law-making
Summary
The rules of binding precedent
Common law and civil law systems compared
Are earlier decisions binding on the court which made them?
The scope of judicial law-making
The traditional approach to judicial law-making
Parliamentary sovereignty
Problems raised by judicial law-making
The Human Rights Act 1998
Summary
Further reading
Self-test questions
Chapter eight The civil justice process
Summary
Distribution of workload
Appeals
Alternative dispute resolution
Do we want more litigation or less?
Different functions of the system
Is the civil justice system public or private?
Fault
Enforcement
Further reading
Useful websites
Self-test questions
Chapter nine The Woolf reforms to civil justice
Summary
Lord Woolf's proposals
The civil procedure rules
Costs
Allocation of cases
Time limits
Case management
Information technology
The use of plain English
Problems with the reforms
Front-loading
Speed
Case management
Evidence to date
Summary
Further reading
Useful websites
Self-test questions
Chapter ten Recent trends in the criminal justice system
Summary
The politicisation of criminal justice
Getting tough on crime
The rise of the VIctim and the decline of the offender
The growing importance of race
Drugs and the criminal justice system
Different aims of the criminal justice system
Streamlining criminal justice
Further reading
Useful websites
Self-test questions
Chapter eleven Police powers
Summary
Recent trends
The statutory framework –
the Police and Criminal Evidence Act 1984
The structure of the Act
Police powers on the street –
stop and search provisions
The use of stop and search powers in practice
Police powers in the police station
Arrest and detention
Rights of suspects during detention
Questioning
The right of silence
Photographs, fingerprints and samples
The implications of the Human Rights Act 1998
Stop and search
Detention
Summary
Further reading
Useful websites
Self-test questions
Chapter twelve The prosecution process
Summary
The creation of an independent prosecution service
The prosecution criteria
The record of the CPS
Discontinuance
Disclosure
Discrimination
Summary
Further reading
Useful websites
Self-test questions
Chapter thirteen The trial process
Summary
Deciding on venue
Proceedings in the magistrates'
courts
Proceedings in the Crown Court
The trial process for young defendants
Evidence
Guilty pleas, sentence discounts and charge bargaining
Differences in guilty plea rates
Sentencing
Summary
Further reading
Useful websites
Self-test questions
Chapter fourteen Criminal appeals and the post-appeal process
Summary
The structure of the appeal process
Hurdles to the Court of Appeal
The approach of the Court of Appeal to its powers
The effect of the Human Rights Act 1998 on the approach of the Court of Appeal
Appeals to the House of Lords
The post-appeal process
The role of the Home Secretary
The Criminal Cases Review Commission
Prosecution appeals
Summary
Further reading
Useful websites
Self-test questions
Chapter fifteen The provision of legal services
Summary
Providers of legal services
The legal profession
Advocacy
Assessment of the advocacy reforms
Direct access to the Bar
Queen's Counsel
Regulation of the legal services market
The complaints system
Multi-Disciplinary Partnerships and Legal Disciplinary Partnerships
Expansion, diversification and specialisation
Composition of the profession
The future
Further reading
Useful websites
Self-test questions
Chapter sixteen The structure and functions of the judiciary
Summary
The judicial ranks
Independence
Accountability
Constitutional position of the judiciary
Judicial review
Fact-finding
Sentencing
Case management
Training
Extra-judicial activities
Summary
Further reading
Useful websites
Self-test questions
Chapter seventeen Judicial appointments
Summary
Independence
Accountability
Openness
Make-up of the judiciary
Implications of the new judicial appointments process
Summary
Further reading
Useful websites
Self-test questions
Chapter eighteen Lay adjudication
Summary
Rationale for lay participation
History of the role of the jury
Selection and composition of the jury
Reliability of jury verdicts
Reduction of the jury system
Magistrates
Selection and composition of magistrates
Comparison between professional and lay magistrates
Comparison between magistrates and juries
The use of mixed panels
Summary
Further reading
Useful websites
Self-test questions
Chapter nineteen Funding of legal services
Summary
Funding civil justice
Legal aid
The Access to Justice Act 1999
Legal aid budget
Scope and availability of legal aid
Matching need and supply
Contracts
Conditional fees
Legal insurance
Funding criminal justice
Assessing the changes
Further reading
Useful websites
Self-test questions
Index 281
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