Atnaujinkite slapukų nuostatas

Darbyshire on the English Legal System 11th edition [Minkštas viršelis]

5.00/5 (3 ratings by Goodreads)
  • Formatas: Paperback / softback, 676 pages
  • Išleidimo metai: 21-Aug-2014
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414031334
  • ISBN-13: 9780414031333
Kitos knygos pagal šią temą:
Darbyshire on the English Legal System 11th editionDidesnis paveikslėlis
  • Formatas: Paperback / softback, 676 pages
  • Išleidimo metai: 21-Aug-2014
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414031334
  • ISBN-13: 9780414031333
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780414031333.html
An engaging, thought-provoking and highly readable introduction to the contemporary legal system of England and Wales Provides students with an engaging, thought-provoking and highly readable introduction to the contemporary legal system of England and Wales Explains both new and old laws derived from the ELS, guiding students through a text which discusses legal principles, historical context, practice and procedure Considers the various functions and powers of individuals and institutions within the ELS New to this edition: Recent EU and human rights cases, as they affect the UK, and new domestic case law. Developing a single family court from 2014 The effects of cutbacks in spending on court closures and access to the courts The Jackson reforms to civil procedure from 2013: the battle to control civil costs The downward shift of criminal business; the attempt to manage criminal cases Lawyers? new business structures; the changing composition of the legal profession Diversifying the judiciary: legal and policy changes and new commentaries The international struggle to stop jurors searching the internet ? the Law Commission s report on contempt Magistrates and their courts under threat Access to justice: the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the effects of radical cuts to legal aid y
Preface v
Online Updates vii
Table of Cases
xv
Table of Statutes
xxvii
Table of Statutory Instruments
xxxiii
Table of International and European Conventions and Legislation
xxxv
Note on Neutral Citation of Cases xxxvii
Part 1 SOURCES
1 Understanding the English Legal System
What is law? The rule of law
1(1)
Distinguishing between different types of law
2(6)
What is the English legal system?
8(5)
The mother of all common law systems
13(1)
The comparison with other European systems
14(9)
Who runs the English legal system?
23(1)
Keeping up-to-date with the English legal system
24
2 Sources of English Law
Legislation
2(14)
Statutory interpretation
16(10)
Critique of legislation
26(2)
Case law
28(13)
Prerogative power
41(1)
Custom
42(1)
Books of authority
43(1)
International law as a source of English law
44(1)
The European Convention on Human Rights and EU law
45
3 EU Law: its Impact on English Law and the UK Courts
EU law is part of UK law
1(1)
The Treaties
2(1)
Institutions
3(21)
Sources of EU law
24(2)
Direct applicability and direct effect
26(9)
The Von Colson principle and Marleasing: indirect effect
35(1)
Damages from a tardy State: the Francovich principle
36(2)
Direct effect of EU law in the UK
38(1)
Supremacy of EU law in the UK
39(3)
General principles of law
42(1)
The EU and the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (2010/C 83/02)
43(1)
Harmonisation of laws: the Corpus Juris project and the creation of a European Area of Justice
44
4 The European Convention on Human Rights and English Law
Incorporation into UK law
1(3)
The Convention Rights
4(1)
The European Court of Human Rights
5(1)
Examples of the Convention's application in English law
6(48)
The approach of English courts to Convention rights and interpretation of domestic law
54(5)
Who can bring an action and against whom can actions be brought?
59(1)
The dramatic effect of art.6: repositioning the judiciary in the UK constitution
60(2)
Evaluations of the Human Rights Act and the Uk's Relationship with the European Court of Human Rights
62
5 Law Reform and the Changing Legal System
The inevitability of change
1(1)
Methods of law reform
2(1)
Part 2 INSTITUTIONS
6 Civil Courts
Magistrates' courts
2(1)
County courts
3(1)
The High Court of Justice
4(6)
The Court of Appeal (Civil Division)
10(1)
The House of Lords Appellate Committee transforms into the Supreme Court
11(4)
The Court of Justice of the EU
15(1)
The European Court of Human Rights
16(1)
The Judicial Committee of the Privy Council
17(2)
Other civil courts
19(4)
Arguments about Court Management: Judges V Government
23(3)
Open justice?
26
7 Criminal Courts
Magistrates' courts
2(5)
The Youth Court
7(1)
The Crown Court
8(1)
The Divisional Court of the Queen's Bench Division
9(1)
The Court of Appeal (Criminal Division)
10(1)
The UK Supreme Court and the JCPC
11(1)
The Court of Justice of the EU and the European Court of Human Rights
12(1)
The Special Immigration Appeals Commission
13
8 History
Continuity
1(1)
Early history
2(4)
The common law
6(3)
Equity
9(7)
Nineteenth-century developments
16(3)
Twentieth-century developments
19
Part 3 PROCEDURES
9 The Adversarial Process
Elements of the adversarial (accusatorial) system
2(4)
Criticism of the adversarial system
6(1)
Erosion of the adversarial process
7
10 Civil Procedure
Civil procedure from 1999, after "the Woolf reforms"
2(1)
The Civil Procedure Rules 1998 (CPR)
3(28)
Appeals
31(7)
Background to the Woolf reforms
38(4)
Reactions to the Woolf report
42(1)
Evaluating the Woolf reforms: research, surveys and comments
43(8)
Continuing Problems and the Jackson Review of Costs
51(11)
Judicial review
62(1)
Family procedure
63
11 Alternatives to the Civil Courts: Institutions and Procedures
Tribunals
2(31)
Arbitration
33(4)
Alternative dispute resolution
37
12 Criminal Procedure
Sources and principles
1(31)
Agencies involved in the criminal justice system
32(6)
Stages of the criminal process
38
Part 4 PROFESSIONALS IN THE LAW
13 Lawyers
Barristers and solicitors
1(1)
Training, entry and diversity
2(7)
Organisation and regulation
9(6)
Work of barristers and solicitors
15(2)
Professional hierarchy
17(1)
The abolition of the professions' monopolies and restrictive practices: Bar wars
18(10)
Lawyers' Business Structures: The Clementi Report, "Tesco law" and the Legal Services Act 2007
28(3)
Fusion: do we need two professions?
31
14 Judges
The Constitutional Reform Act 2005---a new constitutional framework
2(5)
What is meant by the independence of the judiciary?
7(5)
Individual judicial independence
12(12)
Who can apply to be a judge?
24(15)
The judicial appointments system from 2006
39(9)
Deeper background: problems with the prc-2006 system of appointing judges
48(8)
The remaining problem in 2014---lack of diversity
56(20)
Training and appraisal
76(4)
Research
80
Part 5 LAYPEOPLE IN THE LAW
15 Magistrates
Laypeople in the legal system
1(1)
Appointment and removal
2(10)
Training
12(1)
Organisation
13(1)
District judges (magistrates' courts), formerly known as stipendiary magistrates
14(1)
Magistrates' clerks
15(3)
History
18(1)
Should lay justices be replaced by professionals?
19
16 The Jury
"The lamp that shows that freedom lives"
1(1)
Selection of jurors
2(17)
Function of the jury
19(3)
Majority verdicts
22(1)
Secrecy
23(1)
Allegations of impropriety or bias
24(2)
"Jury equity" and the unreasoned verdict
26(1)
History
27(1)
Inroads and attempted inroads into the criminal trial jury
28(7)
Research
35
Part 6 ACCESS TO JUSTICE
17 Legal Services
Legal Aid from 2013, under the LASPO Act 2012
3(1)
Background and Policy Behind the Act
4(3)
Other parts of the scheme--what has or has not changed
7(7)
"Alternative" Legal Services
14(6)
Evaluation and Repetitive Attempts to "Reform" LA
20(13)
Conclusion
33(464)
Index 497