The English Legal System: 2012-2013

by Slapper; Gary

• ISBN13: 9780415689878
• ISBN10: 0415689872
• Edition: 13th
• Format: Nonspecific Binding
• Copyright: 2012-04-20
• Publisher: Routledge

Summary

Slapper and Kelly'¬"s The English Legal Systemexplains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal Systemresponds to the proposals of the newly elected coalition government as they affect the legal system as well as the most recent legislation and case law. The Constitutional Reform and Governance Act 2010, the Crime and Security Act 2010, new European law and the latest decisions of the Supreme Court are all incorporated into the text, and this edition also digests recent research on the work of juries and the criminal courts, and the 2010 changes to the regulation of legal services. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters useful chapter summaries which act as a good check point for students sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Replied upon by generations of students, Slapper and Kelly'¬"s The English Legal Systemis a permanent fixture in this ever evolving subject.

Author Biography

Gary Slapper, LLB, LLM, PhD,. PGCE (Law) Global Professor, New York University, and Director of New York University in London; Door Tenant, 36 Bedford Row, the Chambers of Frances Oldham QC; Visiting Professor of Law, The Open University, and The Chinese University; Hong Kong. David Kelly, BA, BA (Law), PhD, previously Principal Lecturer in Law, Staffordshire University.

Table of Contents

Preface	p. ix
Introduction and Overview	p. xi
Acknowledgments	p. xv
Guide to Using the Book	p. xvi
Guide to the Companion Website	p. xviii
List of Figures	p. xxi
Table of Cases	p. xxiii
Table of Statutes	p. xxxv
Table of Statutory Instruments	p. xlv
Table of European Legislation	p. xlvii
Table of Abbreviations	p. xlix
Law and Legal Study	p. 1
Introduction	p. 1
The nature of law	p. 2
Categories of law	p. 4
Approaches to law and legal study	p. 16
Skills	p. 18
Rule of Law and Human Rights	p. 21
Introduction	p. 21
The rule of law	p. 21
The rule of law and the judiciary	p. 30
Human rights discourse and the rule of law	p. 43
The Human Rights Act 1998	p. 44
Sources of Law	p. 79
Introduction	p. 79
European Union	p. 79
Legislation	p. 79
Statutory interpretation	p. 91
Delegated or subordinate legislation	p. 109
Case law	p. 115
Books of authority	p. 148
Custom	p. 148
Law reform	p. 150
The Civil Courts	p. 161
Introduction	p. 161
Her Majesty's Courts and Tribunals Service	p. 162
Magistrates' courts	p. 164
County courts	p. 165
The High Court of Justice	p. 167
Appeals from the High Court	p. 170
The Court of Appeal (Civil Division)	p. 171
The Appeal process	p. 172
The Supreme Court	p. 177
The Court of Justice of the European Union and the European Court of Human Rights	p. 179
Judicial Committee of the Privy Council	p. 179
The Civil Process	p. 185
Introduction	p. 185
The need for reform	p. 186
The new civil process	p. 189
Case control (CPR Part 3)	p. 194
Court and track allocation (CPR Part 26)	p. 200
Documentation and procedures	p. 203
Public and private hearings (CPR Part 39)	p. 210
Appeals (CPR Part 52)	p. 211
Remedies	p. 213
Damages	p. 213
Equitable remedies	p. 216
Costs (CPR Parts 44-48)	p. 218
What has the new system achieved?	p. 219
Enforcement of civil remedies	p. 222
The Criminal Courts	p. 233
Introduction	p. 233
Magistrates' courts	p. 234
The Crown Court	p. 245
Magistrates' Courts v Crown Courts	p. 248
Criminal appeals	p. 249
The Access to Justice Act 1999 - jurisdiction	p. 258
Judicial Committee of the Privy Council	p. 258
Royal Commission on Criminal Justice	p. 258
Criminal Cases Review Commission	p. 259
A miscarriage of justice	p. 261
Reform of the criminal courts	p. 263
Coroners' courts	p. 269
The Criminal Process: (1) The Investigation of Crime	p. 275
Introduction	p. 275
Mistrust of the system	p. 277
Arrest	p. 282
Interrogation, confession and admissibility of evidence	p. 307
Revised PACE codes	p. 334
The Criminal Justice Act 2003 amendments of the Police and Criminal Evidence Act 1984	p. 336
The Criminal Process: (2) The Prosecution	p. 343
Introduction	p. 343
The Crown Prosecution Service	p. 344
Bail	p. 358
Plea bargaining	p. 368
The sentencing process, the separation of powers and the HRA	p. 372
The Judiciary	p. 397
Introduction	p. 397
The constitutional role of the judiciary	p. 397
Judicial offices	p. 410
Appointment of judiciary	p. 414
Training of the judiciary	p. 431
Retirement of judges	p. 437
Judicial conduct and discipline	p. 438
Judicial immunity from suit	p. 442
Magistrates	p. 443
Judicial Reasoning and Politics	p. 461
Introduction	p. 461
Law and logic	p. 461
Reasoning in general	p. 462
Judicial reasoning	p. 465
Judicial review	p. 470
Politics and the judiciary	p. 475
Politics of the judiciary	p. 483
The Jury	p. 497
Introduction	p. 497
The role of the jury	p. 499
The jury's function in trials	p. 500
The selection of the jury	p. 506
Racial bias in juries	p. 519
The decline of the jury trial	p. 524
Future jury reform	p. 533
Investigation of jury behaviour	p. 538
Conclusion	p. 545
Arbitration, Tribunal Adjudication and Alternative Dispute Resolution	p. 551
Introduction	p. 551
Mediation and conciliation	p. 553
The courts and mediation	p. 556
Arbitration	p. 565
Administrative tribunals	p. 571
Ombudsman	p. 584
Legal Services	p. 599
Introduction	p. 599
The legal profession	p. 605
Solicitors	p. 606
Barristers	p. 615
Professional etiquette	p. 618
The Courts and Legal Services Act 1990	p. 624
The Funding of Legal Services	p. 637
Introduction	p. 637
Background to recent changes	p. 637
The legal aid scheme	p. 638
The legal services commission	p. 645
The community legal service	p. 645
Community legal advice centres and networks	p. 653
The Criminal Defence Service	p. 654
Public Defender Service	p. 656
The Magee Review 2009	p. 657
The voluntary sector	p. 658
Conditional fee arrangements	p. 659
Reforms to legal aid	p. 666
The European Context	p. 679
Introduction	p. 679
Sources of European Union Law	p. 691
The institutions of the European Union	p. 693
The European Court of Human Rights	p. 704
The European Convention and the European Union	p. 716
General Legal Websites	p. 723
General Reading	p. 725
Index	p. 731
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