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Law of England and Wales

This article is part of the series:
Courts of England and Wales

Administration

Ministry of Justice
Secretary of State for Justice
Her Majesty's Courts Service

Civil courts

Privy Council
House of Lords
Lord of Appeal in Ordinary
Court of Appeal
Master of the Rolls
Lord Justice of Appeal
High Court of Justice
Chancellor of the High Court
President of the Queen's Bench
President of the Family Division
High Court judge
County Courts
List of County Courts
County Court Bulk Centre
District Judge

Criminal courts

House of Lords
Lord of Appeal in Ordinary
Court of Appeal
Lord Chief Justice
Lord Justice of Appeal
High Court of Justice
President of the Queen's Bench
High Court judge
Crown Court
Circuit Judge
Recorder
Magistrates' Court
District Judge
Justice of the Peace

Criminal justice

Attorney General
Director of Public Prosecutions
Crown Prosecution Service

Barristers and solicitors

Bar Council
Barrister
Law Society of England and Wales
Solicitor
Solicitor Advocate

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England The Ministry of Justice has been a department of the government of the United Kingdom since 2007 See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position Her Majesty's Courts Service (HMCS is an Executive Agency of the Ministry of Justice (MoJ and is responsible for the administration of the civil family and criminal The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the Courts of England and Wales. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales. The system of county courts in England and Wales dates back to the County Courts Act 1846 which received Royal Assent on 28 August 1846 and was brought into force on 15 March The County Court Bulk Centre (CCBC is a County Court in England and Wales created to deal with claims by the use of various electronic media There are various levels of Judiciary in England and Wales — different types of courts have different styles of Judges They also form a strict Hierarchy The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. The Lord Justices of Appeal (Judges of the Court of Appeal) of England and Wales The Rt Hon For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the Courts of England and Wales. For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice Circuit Judges are senior Judges in England and Wales who sit in the Crown Court, County Courts and certain specialized sub-divisions of the In the Courts of England and Wales, a Recorder is a Barrister or Solicitor of at least 10 years standing who is appointed by the Queen on the advice of A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and There are various levels of Judiciary in England and Wales — different types of courts have different styles of Judges They also form a strict Hierarchy A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is the chief legal adviser of the Crown in England and Wales The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several Criminal jurisdictions around the world The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions A bar council ( Comhairle an Bharra) in a Commonwealth country and in the Republic of Ireland is a Professional body that regulates the profession Barristers in England and Wales are one of the two categories of Lawyer in England and Wales, the other being Solicitors. To all the Lawyers of the USA and Canada I hope you can devise a means to encourage ALL 72000 Lawyers in the USA to help pursue the Sophonpanich Heroin Cartel who set up Macdonalds and placed Ronald A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located [1] It replaced the Court of Delegates. It is also the highest court of appeal (or court of last resort) for several independent Commonwealth countries, the UK overseas territories, and the British Crown dependencies. A supreme court, also called a court of last resort or high court, is in some Jurisdictions the highest judicial body within that jurisdiction's The Crown Dependencies are possessions of The Crown in Right of the United Kingdom, as opposed to overseas territories or colonies of the United It is simply referred to as the Privy Council, as appeals are in fact made to the Queen as Her Majesty in Council, who then refers the case to the Judicial Committee for "advice". Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. TalkCommonewalth realm.--> The monarchy The panel of judges hearing a particular case (typically five members) is known as "the Board". In Commonwealth republics, appeals are made directly to the Judicial Committee instead. In the case of Brunei, the appeal is made to the local Sultan, who is advised by the Judicial Committee. Formerly the Judicial Committee gave a single piece of advice, but since the 1960s dissenting opinions have been allowed. A dissenting opinion is an Opinion of one or more Judges expressing disagreement with the Majority opinion. In July 2007, the Judicial Committee held that it had power to depart from precedent if it concluded that one of its own previous decisions was incorrect. [2]

The judicial system of the United Kingdom is unusual in having no single highest national court; the Judicial Committee is the highest court of appeal in some cases, while in most others the highest court of appeal is the House of Lords. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. In Scotland the highest court in criminal cases is the High Court of Justiciary, in civil cases the House of Lords, and the Judicial Committee of the Privy Council for matters arising from Scottish devolution. The High Court of Justiciary is the supreme criminal court of Scotland. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" Devolution is the statutory granting of powers from the central government of a State to government at subnational level

Contents

Domestic jurisdiction

The Privy Council has jurisdiction in the following domestic matters:

The Constitutional Reform Act 2005 will transfer the devolution powers to the new Supreme Court of the United Kingdom when it comes into force. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005.

Additionally, the Government may (through the Queen) refer any issue to the committee for "consideration and report".

Within the United Kingdom legal systems, judgments of Judicial Committee made in devolution cases are binding on all other courts, including the Appellate Committee of the House of Lords. The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. [3] This is significant because most devolution cases involve the interpretation of Convention rights, which under the Human Rights Act 1998, apply throughout the United Kingdom. The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force Judgments of the Judicial Committee in overseas cases are of only “persuasive authority” in other courts in the United Kingdom; so while courts take them into account they are not as a matter of law binding.

The Judicial Committee of the Privy Council, Her Majesty in Council, is the Court of Final Appeal for the Church of England. The Church of England is the officially established Christian church in England, the Mother Church of the worldwide Anglican It hears appeals from the Arches Court of Canterbury and the Chancery Court of York, except on matters of doctrine, ritual or ceremony, which go to the Court for Ecclesiastical Causes Reserved. The Arches Court, presided over by the Dean of Arches is an Ecclesiastical court of the Church of England covering the Province of Canterbury The Chancery Court of York is an Ecclesiastical court for the Province of York of the Church of England. The Court of Ecclesiastical Causes Reserved, an Ecclesiastical court, is an Appellate court of the Church of England. By the Church Discipline Act 1840 and the Appellate Jurisdiction Act 1876 all archbishop and bishops were eligible to be members of the Judicial Committee.

Overseas jurisdiction

The Committee holds jurisdiction in appeals from the following 27 jurisdictions (including 14 independent nations):

Appeal is "to Her Majesty in Council" from nine independent nations and 13 other jurisdictions:

Appeal is directly to the Committee from four countries:

Appeal is to the Sultan:

Members

Overview

The Judicial Committee includes the following:

The bulk of the work is done by the Lords of Appeal in Ordinary, who are paid to work full time on the judicial functions of the House of Lords and the Privy Council. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Overseas judges may not sit when certain domestic matters are being heard, and overseas judges will often sit when appeals from their countries are being heard.

Registrars of the Judicial Committee

Decline of Commonwealth Appeals

Initially, all Commonwealth Realms and their territories maintained a right of appeal to the Privy Council. A Commonwealth realm is any one of 16 sovereign states within the Commonwealth of Nations that each have Elizabeth II as their respective Monarch Many of those that became republics or independent indigenous monarchies preserved the Privy Council's jurisdiction by entering into treaties with the British Crown. However, over time many members began to see the Privy Council as being out of tune with local values, and an obstacle to full judicial sovereignty.

Canada

Canada created its Supreme Court in 1875 and abolished appeals to the Privy Council in criminal cases. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian However, in Nadan v. The King [1926] AC 482(PC) the Privy Council nevertheless granted an appellant leave to appeal a criminal conviction and ruled that the Canadian Criminal Code was ultra vires the Canadian Parliament because it purported to legislate extraterritorially and purported to repeal imperial legislation. Ultra vires is a Latin phrase that literally means "beyond the powers" This together with the King-Byng Affair was a major irritant for Canada and provoked the discussion at the 1926 Imperial Conference which led to the Balfour Declaration. The King-Byng Affair was a Canadian Constitutional crisis that occurred in 1926 when the Governor General of Canada, Lord Byng of Vimy, refused The Balfour Declaration of 1926, named after the British Lord President of the Council Arthur Balfour, Earl of Balfour was the name given to a report resulting With that Declaration and its statutory confirmation in the Statute of Westminster 1931 (Imp) the impediment to abolishing appeals to the Privy Council, whether or not it had been legitimate, was comprehensively removed. The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo Criminal appeals to the Privy Council were ended in 1933. Moves to extend the abolition to civil matters were shelved during the growing international crisis of the 1930s but re-tabled after World War II and civil appeals ended in 1949. Cases begun before 1949 were still allowed to appeal after 1949 and the final case to make it to the Council was not until 1959 with the case of Ponoka-Calmar Oils v. Wakefield, [1960] A. C. 18. The JCPC played a controversial role in the evolution of Canadian federalism in that whereas the Fathers of Confederation, negotiating the union of the British North American colonies against the backdrop of the American Civil War, wished to ensure a strong central government vis-a-vis relatively weak provinces, appeals to the JCPC in constitutional matters progressively shifted the balance in favour of the provinces. Political federalism is a Political philosophy in which a group of members are bound together (Latin foedus, covenant) with a governing While a few commentators have suggested that Canadian First Nations retain the right to appeal to the Privy Council because their treaties predate their relationship to Canada, the JCPC has not entertained any such appeal since 1867 and the dominant view is that no such appeal right exists. First Nations is a term of Ethnicity that refers to the Aboriginal peoples in Canada who are neither Inuit nor Métis people

Australia

Australia effectively abolished the right of appeal from the Commonwealth Courts by the Privy Council (Limitation of Appeals) Act 1968 and the Privy Council (Appeals from the High Court) Act 1975, and from the State courts by the Australia Act 1986. For a topic outline on this subject see List of basic Australia topics. The Australia Act 1986 is the name given to a pair of two separate but related pieces of legislation one an Act of the Parliament of Australia (No The Australian constitution still has a provision allowing the High Court of Australia to permit appeals to the Privy Council on inter se questions, however, the High Court has stated that it will not give such permission and that the jurisdiction to do so "has long since been spent" and is obsolete,[4] so the possibility is purely theoretical. The Constitution of Australia is the law under which the Australian Commonwealth Government operates The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy. Inter se is a Legal Latin phrase meaning "between or amongst themselves"

Sri Lanka (Ceylon)

Ceylon abolished appeals to the Privy Council in 1971, following Privy Council decisions that sought to enforce the constitutional protections of the rights of the Tamil minority contained in the 1948 Soulbury Constitution. Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka ( Sinhalese:, இலங்கை known as Ceylon before 1972 is an Island Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Tamil people (also called Tamils or Tamilians) ( are an Ethnic group native to Tamil Nadu, a state in India, and the north-eastern Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. The Soulbury Commission announce in 1944 was like its predecessor the Donoughmore Commission, a prime instrument of constitutional reform in Sri Lanka. The following year, Ceylon became a republic in under the name of Sri Lanka.

Previously, the Privy Council had ruled in Ibralebbe v. The Queen [1964] A. C. 900 that it remained the highest court of appeal in Ceylon notwithstanding the country's independence as a Dominion in 1948.

Malaysia

Malaysia abolished appeals to the Privy Council in criminal and constitutional matters in 1978 and in civil matters in 1985. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Year 1978 ( MCMLXXVIII) was a Common year starting on Sunday (link displays the 1978 Gregorian calendar) Year 1985 ( MCMLXXXV) was a Common year starting on Tuesday (link displays 1985 Gregorian calendar)

Singapore

Singapore abolished Privy Council appeals in all cases save those involving the death penalty or in civil cases where the parties had agreed to such a right of appeal in 1989. Singapore Year 1989 ( MCMLXXXIX) was a Common year starting on Sunday (link displays 1989 Gregorian calendar) The abolition followed a decision of the Privy Council the previous year that criticised the "grievous injustice" suffered by the opposition politician J B Jeyaretnam at the hands of the Government of Singapore. Joshua Benjamin Jeyaretnam ( January 5, 1926 - September 30, 2008) more commonly known as " J The remaining rights of appeal were abolished in 1994. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar)

Hong Kong

Hong Kong's court system was changed after the 1997 handover to People's Republic of China. Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES The Court of Final Appeal of Hong Kong now serves as the highest judicial authority. The Court of Final Appeal ( is the court with the final adjudication power on the laws of Hong Kong Special Administrative Region of the People's Republic Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders However, the interpretation of the Constitution, Basic Law of Hong Kong, is within the jurisdiction of the Standing Committee of the National People's Congress of the People's Republic of China. The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the Constitutional document The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's

New Zealand

New Zealand law was changed in October 2003 amid considerable controversy (as the government decided not to call a referendum on the issue) to abolish appeals to the Privy Council in respect of all cases heard by the Court of Appeal of New Zealand after the end of 2003, in favour of a Supreme Court of New Zealand. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island The Supreme Court of New Zealand is the highest court in the land and the Court of last resort in New Zealand, having formally come into existence at the beginning

Caribbean Community

The nations of the Caribbean Community voted in 2001 to abolish the right of appeal to the Privy Council in favour of a Caribbean Court of Justice. The Caribbean Community ( CARICOM) is an organization of Caribbean nations and dependencies Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. The Caribbean Court of Justice ( Dutch: Caribisch Hof van Justitie, French: Cour Caribéenne de Justice often abbreviated CCJ) is an Some debate between member countries and also the Judicial Committee of the Privy Council[5][6] had repeatedly delayed the court's date of inauguration. As of 2005, Barbados replaced the process of appeals to Her Majesty in Council with the Caribbean Court of Justice, which had then come into operation. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Barbados ( Portuguese word for bearded-ones, bɑrˈbeɪdoʊz -dɒs situated just east of the Caribbean Sea, is an independent Island nation The Republic of Guyana also enacted local legislation allowing the CCJ to have jurisdiction over their sovereign final court of appeals system. Guyana (ɡaɪˈænə or /ɡiːˈɑːnə/ officially the Co-operative Republic of Guyana and previously known as British Guiana, is the only Nation state As it stands, a few other CARICOM states may appear to be ready for the abolition of appeals to the Judicial Committee of the Privy Council in the immediate future. The government of Jamaica in particular, had come close and attempted to abolish appeals to the Judicial Committee without the support of the opposition in Parliament; however, it was ruled by the Judicial Committee of the Privy Council that the procedure used in Jamaica to bypass the opposition was incorrect and unconstitutional. Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. [7]

See also

References

  1. ^ Judicial Committee Act 1833 (c.41)
  2. ^ Gibson v. United States of America (The Bahamas) [2007] UKPC 52 (23 July 2007)
  3. ^ SCOTLAND ACT 1998 - SECT 103 The Judicial Committee
  4. ^ Kirmani v Captain Cook Cruises Pty Ltd (No 2) (1985) 159 CLR 461, 465. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. This is a list of criminal civil and constitutional cases that were appealed from the courts of Ceylon to the Judicial Committee of the Privy Council. This is a list of criminal civil and constitutional cases that were appealed from the courts in Ireland to the Judicial Committee of the Privy Council. This list is of all major cases decided by the Judicial Committee of the Privy Council.
  5. ^ Bombshell ruling - Privy Council says passage of CCJ unconstitutional. Jamaica Gleaner. Retrieved on 2007-06-16. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1487 - Battle of Stoke Field, the last dying breath of the Wars of the Roses.
  6. ^ Privy Council Decision should not halt Caribbean Court. Caribbean Net News. Retrieved on 2007-06-16. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1487 - Battle of Stoke Field, the last dying breath of the Wars of the Roses.
  7. ^ CCJ blow. Jamaica Observer Newspaper. Retrieved on 2007-06-16. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1487 - Battle of Stoke Field, the last dying breath of the Wars of the Roses.

External links

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