Anglais juridique l1

« Anglais juridique Exam plrs qu° test/ 30 qu° on our lectures/ 10 qu° on moodle/ 1.

The monarchy 2.

Parliament 3.

The governement 4.

the legal professions and the judiciary 5.

A United kingdom 6.

The UK and eurpoe British system or American system (1688 revolution/ today/…) I- Introduction to the Monarchy The uk’s system of government is know as a constitutionnal monarchy Qu °1 A system of governement in which the head of state is a monarchy whose power is shared with a constitutionally organised government. Qu°2 Diff from a republic : - .head of state is a president with more or less power a- The sovereign and the branches of government Qu° 3 A very important symbolic one in the three branches of government - In the executive branch - The govt - In the legislative branch - parliament - In the judicial branch - The court Qu° 4 The govt is known as her majesty’s govt The sov.appoints the PM and the cabinet The sov.can also use the royal prerogative - In theory this allows the Sov.to take certain decisions whitout approyal by parliament. The Sov.

Is head of the armed forces. SCENE FROM THE QUEEN The labour Party has just won a majority in the general election Its leaders, Tony blair, goes to Buckingham Palace Qu° 5 The sovereign and the legislative branch The queen in parl The Sov needs to approve a bill which passes through Parl before it becomes law - Royal Assent All laws are made,in the name of the Sov. The Sov opens and prorogues Parl The only one who can do this - During the opening of parl the s oread a speech explaining what laws their Govt plans to enact. The Queen’s Speech Qu°6 The Sov is considered to be the Fount of justice. The most important judges are appointed by the sov The courts are run in the name of the sov - Her majesty’s court and tribunal service Criminal cases are initiated by the Crown Prosecution service - On behsif of the crown - Regina y smith or R y Smith Qu°7 Very Little The PM is the leader of the majority party in the H of C - The PM tells the sov who to appoint as ministers. The Royal Prerogative power are almost all exercised on the advice of the govt Any important decisions about the army are made by the governement. Qu°8 The royal prerogative powers are almost all exercised on the advice of the govt, any important decisions about the army are made by governement Qu° 9 When a bill has passed through Parl, Royal Assent is a formality. - The sov.

Always assents. The queen’s Speech is written by the Govt The decision to prorogue or to dissolve Parl is determined by law or by the prime minister. ( Almost all judges are appointed by a judicial Appontments commission)i Qu° 10 The legislative executive and judicial power previously hld by the Crown has greatly diminished. It now plays a symbolic rôle in these institutions. - This rôle contains traces of the past when it held real power - it no longer does today We say tht’s Sovereing reigns but does not rule II- A short history of the monarchy Qu°11 .

A Gradual historical process .

It resembles a rise and fall more than a gradual decline .

The monarchy strengthened its power during the Renaissance .

This brought it into conflict with parliament .

Parliament won and the monarchy lost. QU°12 .

Led by william the conqueror .

Defear king harold at the Battle of Hasting see the bayeux Ta pestry .

Took control of most England and Wales - Noble families who helped Xilliam win the throne were rewarded with lands In return they helped to maintain William on the throne .

Alsoneeded to have the Church on his side QU°13 .

The relations between a king and his nobles was not always easy - If If If If he he he he asked them for too much money or military service confiscated their lands lost their lands in battle abused his royal power .

At the beginning of the 13 .

The main noble families rebelled against John in 1215 .

They forced him to promise that the would no longer abuse his royal power .

They wrote these promises down and made him sign it .

The doc was called The Magna Carta .

A very significant doc in English constitutional history QU°14 .

It was a peace treaty between the ing, the barons and the church .

The kig agreed to limit his royal power - He would not require high taxes to be paid by hos feudal lords. He would not detain a freemain arbitrarily He would ensure trizl by jury He wiuld accept a council of 25 barons to ensure that the Magna carta was observed Significance .

Very signifiant symbollically in the long term - It established certain principles The limitation of the king’s arbitrary power The king is not above the law He is subject to it The beginning of the rule of law (état de droit) The necessity of a consultative body for the king The seeds of parliament Certain rights : the right to freedom from detention y the right to a jury trial Let’s fast foward to the The 13 14 anc 15 centuries were unstable times for kings Powerful noble families battled for the throne Two kings were disposed QU15 This culminated in the War of the roses 1455-1487 A civil war between two rival factions. The house of Lancaster y the house of (York Tudor and lancaster) Qu 16 The consolidation of royal power by henry VIII Henry vii was succeede by his son, Henry VIII HenryVIII offficialised the unión between Wales and England through the Act of Union 1536 He established the privy council : - A cabinet-style council to help him govern. The Tudor’s consolidation He also placed himself at the head of the Church through the Act of Supremacy 1536: - He effectively replaced the pope Created the Church of England (aka the anglican Church) A bold move which had several causes. Qu°17 Why did Henry VIII place himself at the head of the Church? The immediate cause was the Pope’s refusal to allow him to annul his marriage to his wife Catherine - Catherine was unable to give him a male heir. Henry wanted to marry Anne Boylen The Church was also a soucre of enormous wealth. The protestant reformation was sweeping Europe. The conditions were ripe for henry’s move* Qu°18 What legacy did Henry VIII leave behind him ? More royal power Less national unity - Divisions emerged between protestants and catholics Division also emerged between radical and moderate potestants Anglicans y presbyterians - Eventually led to Civil War. Qu°19 Why did the Tudor dynasty end? Who succeeded the Tudors on the throne? Henry VIII’s daughter Elizabeth died in 1603 without leaving an heir. She was succeeded by her cousin james VI of Scotland - He became james I of england Began the stuart dynasty The 17 centur was to be a very turbulent one because of QU°20 What ideas did James I have about royal power ? The new king had a very clear idea of his role He wrote a book about it A divinely anointed King An absolutist visión monarchy QU°21 1.

How did Parliament change in the 16th and 17 th centuries ? Parliament was more influenced by protestannt ideas of challenging absolute authority - The idea of a social contract between the king and his subject It was also composed of members who were becoming wealther and more powerful - Trough trade and economic growth They di not want to be completeded An additional the religious qu° Puritans wanted the king to reform the church more. - Like what was happening in scotland with Presbyterianism. The King wanted to keep mucho f its existing structure. Charles I and parliament Qu°22 Why was there tension between King and Parliament during the reign of James I and Charles I ? James I ma,ged to avoid a diret conflict with parluiament His son Charle I was not so succesful Charle I wanted to rule without parliament Parliament fought hard to resist this He accused nine parliamentarians of treason - Arrested the and prorogued parliament He rule for 11 years on his own Qu°23 In 1640 a war broke out witch scottish presbysterien rebels Refused to accept Charle’s attempt to control religion Charles neede money to fund his war - He needed parliement The tide was turning against the king. In Jan.

1642 Charles suspected five puritn MPs of treason. He went to parliament with a group of soldiers to arrest them. They had already fled Charles aksed the speaker where they were The speaker replied Q°24 - Charles I wanted to rule without parliament Parliament fought hard to resist this He accuses.... »