Law and OrderThe legal system is a very old British institution

which was often criticised through the centuries as being unfairly in favour of the rich and powerful against the poor and disadvantaged.

The system passed through many changes and adjustments in accordance to the needs of new and different social conditions.

Nowadays jurisprudence is based on two fundamental principles: (1) the administration of law in national courts; (2) judges’ independence from the monarch and politics, the latter was totally achieved in 1701.

Initially courts worked only in London, lately (by the end of the 12th century) judges began travelling throughout the country to deal with canon, criminal and commercial law.

However, local civil courts were established starting from 1846.

A complete court revision is dated between 1970/1971.

The British legal system is separated in three elements: England and Wales, Scotland, Northern Ireland.

While the Northern Ireland is very similar to the English and Welsh, Scottish system is the most independent.

Devolution (decentralization of political power) has reinforced the necessity to make distinctions in the territory.

English/Welsh law draws its inspiration primarily by the Common Law which dates back to the Norman conquest.

Common law verdicts create precedents which become law and subsequently are applied to new cases.

Statute Law was traditionally made by the monarch who has been replaced by the Westminster Parliament now.

European Law has been part of the British Law since 1973 when the U.K. entered into the European Economic Community.

The sources of Scottish Law are both Roman and English and it is organised according to the common law of Scotland and to judges’ decisions.

There are two courts in the British system: civil and criminal.

The criminal courts are organised in two levels, a lower one led by magistrates’ courts and a higher one called the Crown court.

Magistrates’ court provide counties and districts with JPs (justices of the peace) and district judges. Magistrates are not professional but selected among citizens. For their nomination they do not get any salary. It is a very prestigious task. They are generally three in a court for each case together with a clerk.

Magistrates’ power is limited.

District judges are instead professional officials paid by the state.

The Crown courts: Old Bailey only deals with the most serious indictable crimes.

The jury is an other important element both in civil cases and especially in criminal trials. The jury consists of 12 jurors chosen from electoral registers.

The jury is based on the principle that citizens can be punished or acquitted by other citizens.

The death penalty was abolished in 1965.Solicitors, barrister and legal services, “no

win-no fee”.