British Political Institutions PDF

Introduction to the British and American political institutions Part 1 : British institutions Lecture 1 : The monarchy Lecture 2 : Parliament Lecture 3: The executive Lecture 4: Devolution : A United Kingdom ? Lecture 5 : Brexit : the UK and Europe L...

Introduction to the British and American political institutions Part 1 : British institutions Lecture 1 : The monarchy Lecture 2 : Parliament Lecture 3: The executive Lecture 4: Devolution : A United Kingdom ? Lecture 5 : Brexit : the UK and Europe LECTURE 1 : The monarchy UK = a constitutional monarchy. A constitutional monarchy = a system of government in which the head of state is a monarch whose power is shared with constitutionally organised government. Difference monarchy / Republic ( head of state = a president, ex. United States) I- The role of the sovereign now Role of the king = highly symbolic. His role is very important (but very symbolic) in the 3 branches of government - In the executive branch (His Majesty’s government) - In the legislative branch (Parliament) - In the judicial branch (the courts and judges) (crown on the top of the symbol of the Supreme Court) A) The Sovereign and the Executive branch UK government = Her/ His Majesty’s government (HM Government) The Sovereign appoints the Prime Minister and the Cabinet (who hold the real power). (In theory) —> Excerpt of The Queen, 2006 —> Excerpt of The Crown, Margaret Thatcher The King has a royal prerogative (a right or an advantage belonging to a particular person) —> royal prerogative : special rights of king or queen = allows the sovereign to make certain decisions without approval by Parliament The Sovereign is the head of the armed forces (crown on top of the symbol : he has power over the armed forces) B) The Sovereign and the Legislative branch Sovereign needs to approve of a bill (projet de loi) passed by Parliament so it becomes Law = Royal Assent. King need to approve the project. All laws are made in the name of the sovereign The sovereign opens and prorogues (suspends) every parliament session (every year) Sated Opening of Parliament : (a ceremony) where the Sovereign reads a speech explaining what laws their governement plans to enact in the coming year = The King’s speech —> Excerpt of the Stated Opening  C) The Sovereign and the Judicial Branch Sovereign = Fount (source) of Justice He appoints the most important judges Courts run in the name of the Sovereign ( Her/His Majesty’s Court and Tribunal Service) Criminal cases are initiated by the Crown Prosecution Service (on behalf of the crown) D) How much real power does the monarch have ? (Very little) In the executive branch - He appoints the Prime Minister and the Cabinet, but, in reality, Prime Minister = leader of the majority party in the House of Commons, and the Prime Minister tells the Sovereign who to appoint as ministers. (King respect the results of the election). - The Sovereign has Royal prerogative, but, in reality, the King exercises the prerogative only on the advice of the Government - Head of the armed forces, but in reality, any important decisions about the army are made by the Government —> King has no real power in the executive branch, the government is the one holding the power here In the legislative branch - A bill passed through Parliament needs Royal Assent to become law, but in reality, royal assent : a formality, the Sovereign ALWAYS assents. Last time Sovereign refuses to assent a bill was 3 century ago - The Sovereign’s speech is actually written by the Government. - The decision to prorogue or dissolve Parliament is determined by law (ex. Elections every 5 years) In the judicial branch - The monarch appoints judges but, in reality, almost all judges are chosen by a Judicial Appointments Commission. JAC makes a list of candidates, government picks the candidates among the list and the monarch gets the list and appoints the candidates within the list, he does not chose. Conclusion The King’s main job is only a symbolic role. He has a very limited role in the government. Symbolic role in the political institutions. - traces of the past Chen it held real power. “The sovereign reigns but does not rule.” —> fact that king does not have real power explains why the monarchy is not really contested. They represents a sort of stability between past and present. How did the Monarch come to lose its power ? A gradual, historical process. - Monarchy became more powerful during the Renaissance. - Conflict between Monarch and Parliament over the distribution of political power (civiA l war, revolution…) - Parliament wins and became more powerful than the Monarch. —> Monarch reigns but Parliament rules. History of British institutions = based on centuries of conflict and crisis between the monarch and parliament. II- A brief history of the monarchy Monarchy relied on the feudal system. = Social system that existed during MA. A) The Norman invasion in 1066 William the Conqueror (= Guillaume le conquérant) defeated King Harold with the help of noble families (money and soldiers) and took control of most of England and Wales. (He became King of England) This was followed by a gradual invasions by the Norman. He governed with a feudal system as well, which means that the noble families were rewarded with lands in exchange for his protection by noble families. The relations between the king and his nobles were not always easy. This period of time is marked by the abuse of royal power. 1. He asked his noble for too much money or military services 2. He confiscated the lands of the nobles 3. He lost their lands in battles 4. He abused his royal power At the beginning of the 13th century, King John (a hated king) did all those things. He also got in trouble with the church. (King Johns lost almost all of his French land —> John Lakeland.) Then, an other conflict between the King and the nobles : The Baron’s rebellion. In 1215, nobles rebel against King John. They defeat the King and force him to sign a document promising that he will never again abuse his royal power against them. This documents is called the Magna Carta (signed in 1215) 6 different fundamental, essential things. 1. Peace treaty between the King, Barons and the Church 2. Limits of King’s power 3. King must respect the freedom of the Church 4. King cannot excessively tax feudal lords 5. King cannot have a freeman detained arbitrarily (Habeas corpus) and must provide a trial by jury (sort of beginning of justice) 6. King must accept accept a council of 25 barons to ensure execution of Magna Carta provisions. (Sort of ancestor of Parliament) King John signed the charter limiting his own power. First step toward individual liberty. Significance of Magna Carter. Very important symbolically on the long term. Main principles established - King’s arbitrary power is limited - RULE OF LAW : the king is not above the law, he is subject to it. In the short term this chart was insignificant as it was rejected by the pope. Plus, it only applied to free man (not to slaves, not women…) But in the long term, it was a very significant document, that established important principles of law. - It established a necessity of a consultative body for the King. - Creation of universal fundamental rights : freedom from detention, jury trial. Many acts and texts such as the American declaration, the universal declaration of human rights, the US bill of rights… were inspired by the Magna Carter. B) The tudors 13th, 14th centuries King need money —> nobles have money King taxes nobles Nobles rebel —> 2 kings deposed No more kings in the throne : who’s next ? 2 nobles families in competition : The house of Lancaster / The house of York —> The war of the Roses (civil war between 1455 and 1485) 1485 : end of the war of the roses and beginning of Tudor Dynasty. Henry Tudor of Lancaster married Elisabeth of York and becomes Henry VII. Henry the VII (1485 - 1509) ended the feudal system. 1. He prevented nobles families from having private armies and developed a royal army. 2. he limited royal spendings (to be less dependant on taxes payed b nobles) 3. Created a special court to try traitors. He was not dependent of nobles anymore, which means the end of the feudal system. The consolidation of royal power by Henry VIII Henry VII was succeeded by his son, Henry VIII Henry VIII officialised the union between Wales and England through the Act of Union (1536) = a bigger kingdom He established a Privy Council = a bigger government - a cabinet-style council to help him govern.  He places himself at the head of the Church through the Act of Supremacy (1534) -he effectively replaces the Pope -created the Church of England (the Anglican Church) : The beginning of the Reformation - a move which had several causes and consequences. - The causes of the Act of Supremacy : just because of a love affair with his mistress. Why such a break from Rome ? He was married to Catherine of Aragon and the didn’t had any male children, so no heir. But, “fortunately”, h - End e had an affair with Anne Boleyn who was pregnant (maybe with a boy). So Henry the VIII wanted to divorce Catherine of Aragon and wanted to marry Anne Boleyn so his child could become the legitimate heir to the throne. Rupture with Catholic Church : reformation => Protestantism, which makes the King free to remarry (1534 : Act of Supremacy makes the King head of the Anglican Church) and makes the King more powerful : politically (only God was above him), financially ( he has confiscated all the Catholic Church’s property and wealth) Henry VIII’s legacy : More royal power Less national unity : - divisions between Protestants and Catholics - divisions emerged between radical and moderate Protestants (Anglicans v Presbyterians) - eventually led to civil war. Henry the VIII’s successors : > Edward VI (1547-53) : pursued the reform oh the church > Mary I (1553-58) : - re-established the Catholic Church - violent mesures used (killed Protestants) “Bloody Mary” > Elisabeth I (1558-1603) : - re-established Anglicanism - period of relative religious instability C) The Stuarts (1603-1714) : the monarchy clashes with Parliament The End of the Tudor Dynasty 1603 : Elisabeth I dies with no heir (“The virgin”) Succeeded by cousin Jame VI of Scotland = James I of England => Stuart dynasty The new King had a very clear idea oh his role - A divinely-anointed king - An absolutist vision of monarchy But in Parliament… More Middle Classes : more economic power, want more political power More Protestants. The members : no belief in absolute authority, belief in contractual relation between subjects and king The bones of contention (what they clashed over) The King needed money —> he must get the approval of Parliament for new taxes —> Parliament will approve in exchange for bigger role in government —> Pt wants more anti- catholic laws and more alliances with Protestant countries + control over public spendings + less royal prerogatives Charles I and Parliament James I managed to avoid a direct conflict with Parliament His son, Charles I was not so successful —> He wanted to rule without Parliament Parliament fought hard to restrict this He accused 9 parliamentarians of treason - Arrested them and prorogued Parliament - He rules for 11 years on his own = The 11 years of tyranny Prorogation : end of a Parliamentary session  D) The English Civil War and the Commonwealth The Path towards a Civil War - Step 1 : Charles needs Parliament again - 1640 : War against Scottish rebels - King in need of money to fund his war - Needs Pt to raise new taxes = Pt refuses The Path towards the war - Step 2 : the balance of power swings towards Parliament - Rebellion in 1641 : King needs money - Pt refuses to raise tax unless Kings agrees to a bill that forces him to call Pt regularly - King refuses. Pt in rebellion mode. King afraid that Pt will plot against him with army The Path towards a civil war - Step 3 : Parliament openly refuses to obey the King King wants plotters arrested —> enters Pt with soldiers —> suspects have fled —> no cooperation from remaining members of the —> King declares war on Pt => CIVIL WAR The English Civil Wars 1642-1651 Royalist v. Parliamentarians -Parliament raised an army, led by Oliver Cromwell King captured 1649 : King’s trial by Pt => king executed for treason The Commonwealth (1649) : England as a Republic Monarch replaces by a Council of State headed by Cromwell But divisions between radicals (more reforms) and conservatives ( return to monarchy) Cromwell’s son unable to stay in power > replaced by Charles II > Monarchy restored (1660) E) The restoration and the glorious revolution Parliament invited Charles II to resume the throne Parliament was now in a much stronger position than before the Civil War It was notably able to legislate without authority on religious matters —> favoured Anglicans and discriminating against non-anglicans BUT, this created tension with Charles II as he was married to a Catholic, he wanted to relax anti-Catholic laws. James II (1685-1688) Conflict over religious freedom - James II : suspended anti-catholics laws - Parliament opposed From bad to worse : James II converted to Catholicism ? A catholic dynasty ? No ! - Parliament contacted William of Orange (married to king’s daughter Mary) - Offered him the throne James fled William on the throne The Glorious revolution  Parliament assembled A declaration of Rights was drawn up - Asserting Pt’s rights Condition : William and Mary had to first agree to abide by this before being crowned Coronation in February 1689 The Declaration of Right became the Bill of Rights The Bill of Rights (1689) Parliaments grievances with King James II : this doc marked the beginning of regular institutions with a Parliament and a King In the Bill of Rights : rights which the crown cannot violate : - Parliament must give its consent to any change in the law proposed by the monarch - Only parliament can raise taxes - Members of Parliament (MPs) cannot be prosecuted for what they say in parliament - No excessive punishments ca, be imposed - Parliament must be held regularly and by free election The significance of the Bill of Rights > Fundamental constitutional text > Notion of parliamentary sovereignty : the law made by parliament can only be invalidated by parliament / The monarch, the government and the courts subject to parliament’s laws. Inspired other constitutions : - Heads of state must be subject to the law - Citizens have rights which cannot be taken away - If these rights are denied, people can / must rebel against the head of state and replace him. Act of Settlement (1701) Concerns the rule of succession States that the sovereigns cannot be a Catholic and that illegitimate or adopted persons cannot succeed to the throne either F) The transformation of the monarchy King George I (from Hanover dynasty) : spoke very little English - not interested in governing He left the work to a group of ministers : headed by the prime minister Then, PM = the leader of Pt’s majority (not King’s pick) => loss of executive power A ceremonial monarchy —> Queen Victoria (1837-1901) to now A way of falling the people and glorifying the nation The monarch = a consensual non-political figure CONCLUSION Today, monarchy has no real power + death of the Queen, Charles III less loved Lost political battle with Pt Pt sovereign : pt decided how the country is governed / cornerstone of the British constitution Parliamentary sovereignty means that :  - No law passed by Parliament can be disapplied in the courts - unless it violates another act or parliament - Parliament can make and unmake laws as it likes PS : What is the British Constitution ? No single document called the Constitution The British Constituion drawn from several different sources (statute law, customs, European law…) It is : uncodified, flexible, subordinate to the legislature Very different from the American constitution LECTURE 2 : The legislative Branch / Parliament I- Introduction and a little history Parliamentary sovereignty - a reminder Parliament won the political struggle against the Monarchy This established parliamentary sovereignty Parliament is sovereign The others b `4 ranches of government are subordinate to it Is the cornerstone of the British Constituion Composition of Parliament 2 chambers, located in London, interdependent The House of Commons - The lower house - Composed of members of Parliament (MPs) The House of Lords - The Upper House - Composed of Lords, also known as “peers”. Since when has Parliament existed ? Kings often “took council” Assistance from powerful people A tradition : pre-Norman times Norman kings called it the Magnum Concilium - Composed of nobles and bishops - The richest and most powerful subjects They would advise the king Agree to pay money too him - part of feudal contract They didn’t always agree with him In the early 13th century, representatives of the shires (counties = départements) were summoned - Called the “knights of shire” From time to time, representatives of certain boroughs (town) were summoned - Called the burgesses To relay what happened in the country But also to allow the king to raise new taxes which they consented to In 1264, De Montfort organised a rebellion against Henry III  - Similar to the rebellion against King John - De Montfort and a group of nobles wanted to reassert the Magna Carta Henry III = captured In 1265, to strengthen his cause, De Montfort summoned to the lords, the bishops, the knights and the burgesses Considered to be the first assembly which resembles the Parliament. De Montfort’s rebellion failed But, a precedent had been established When did Parliament divide into 2 different chambers ? After Henry III regained political control, he held parliaments frequently A tradition continued by his successors Pt = a place where grievances against the Crown could be expressed In around 1332, Pt began to assemble as two separates chambers - The knights and burgesses = House of Commons - The nobles and bishops = House of Lords The balance of power between the two chambers Traditionally, House of Lords was more powerful This can be seen in the way Parliament assembles for the Queen’s speech today - Lords at the front - Members of pt at the back The balance of power eventually shifted in the 19th and 20th centuries II- How do you get a seat in Parliament RÉCUPÉRER Questions to the government - Most questions are written - Prime Minister’s questions take place every Wednesday for half an hour Holding debates (= one of the objective of the legislative branch) There are four main types of debates 1. emergency debates 2. Adjournment debates (no questions) 3. Westminster Hall debates (give members of parliaments an opportunity to raise local or national issues) 4. Annual debates IV- Political Parties in Parliament A) National Political Parties The Conservative Party Ancestor of the Conservative Party = The Tory Party. They are led by Rishi Sunak (ex-Prime Minister) “Right wing” party Opposition today in the UK  The Labour Party A “left wing” party Moved to the right under Tony Blair’s “New Labour” Led by Keir Starmer The Liberal Democrats Centrist Party In favour of social justice, with minimum state intervention Led by Sir Ed Davey The United Kingdom Independence Party A far-right party In favour of limitations immigration Led by Nick Tenconi Previously led by Nigel Farage —> Reform UK - Their main raison d’être vanished with the Brexit referendum A new national parties founded recently The Brexit Party, now called “reform UK” - Founded in 2018 Founded by Nigel Farage Populist party / far-right party It’s main mandate was to achieve a hard Brexit Came 3rd in the 2024 election Explain why the Conservative Party radicalised itself “Victim”of the FPTP : 14% of votes vs 1% of the seats B. Scottish, Welsh and Northern Irish Parties The Scottish National Party (SNP) Their main policy objective is Scottish independence, they are against “london law” Left wing party Opposed to Brexit Bed by John Swinney (Wales) Plaid Cymru “The party of Wales” Led by Rhun ap Lowerth It’s main objective is welsh autonomy (not necessarily indépendance, but more freedom from London) (Northern Irish) The democratic unionist party Led by Gavin Robinson Main policy objective of DUP = to maintain Northern Ireland in the UK Very conservative : opposed to abortion, gay marriage… Right wing party (Northern Irish) Sinn Féin Goal = reunification with the Republic of Ireland Left wing party Led by May Lou McDonald They won 7 seats in the 2019 and 2024 elections - Have always refused to take up its seat, to symbolise their refusal to recognise British rule C. How political parties operates in the House of Commons Very few surprises Party discipline is very strong - Due to the “whip system” - A message is sent to MPs every day informing them of the votes in parliament - The whip put pressures on MPs to vote in accordance with the party line (if they do not agree, they need to resign or they’ll be fired) Parliamentary time Parliament time is regulated by “standing orders” - Determined what is legal or illegal to say Standing orders 14 determined how parliamentary time soundly be shared Parliaments sits for around 155 days Conclusion Theory : most powerful branch of government Practice : activities controlled by the government Parliament’s main power is to - Modify controversial legislation - Scrutinise the government’s action - Draw public attention to certain issues LECTURE 3 : The executive Branch I- How the government is formed and the historical reasons for this Who forms the government ? The party leader => Prime Minister The monarch The history of the role of the Prime Minister After the Glorious Revolution, the bill of Rights established parliamentary sovereignty George I- A hands-off approach to government George I : German He spoke little to no English Wasn’t interested in governing (doing his role as king) So, he appointed Robert Walpole as minister for finance. He almost became the PM, he effectively run the executive branch in name of the King. The Minister’s Residence 10 Downing Street = official residence of the PM => Where the cabinet meets every week II- What happens when there is no majority in parliament ? Called a “hung parliament” A coalition parliament A temporary alliance Conservative Party and the Liberal Democrats in 2010 2 parties agree to govern together 1 programme for government (before the elections) Compromise Sometime, tensions A minority parliament Formed by a political party that has not a overall majority of MPs in the House of Commons Another party agrees to vote with the government on important issues, in exchange for policy pledges or money >Conservative-DUP government - Theresa May failed to get a majority in the election - The Tories did a deal with the DUP III- What the Prime Minister does ? Appoints the government Oversees government policy Represents the UK internationally (global meeting for example, symbolic role) Makes important appointments The PM and the Cabinet (very close government) Decides who sits in cabinet He also chairs cabinet meetings Decides the Cabinet’s priorities - Which legislative reforms will get priority - Which departments will get more or less funding He can also decide to change the composition of the cabinet - Cabinet reshuffle (remaniement présidentiel) Power to set up Public Inquiries The PM can start an independent public inquiry to look into a issue Recent examples : - Inquiry into Grenfell Tower fire The infected Blood inquiry IV- The Cabinet and the Civil Service Cabinet = gouvernement Cabinet is composed of the most important government ministers (les ministres = secretary of states / secrétaires d’états = secretaries of state) - Called secretaries of state - They control government departments - Are assisted by ministers of state - NB, the word “ministers” is used for both They meet every Wednesday - Discuss policy objectives, taxation and government spending - Controlled by the PM The civil service Includes experts who provide assistance, employed by the government, they give advice because the possesses legal expertise (jurists), policy expertise (politicians). They play a very important role in the running of departments. The members of the Cabinet needs to be member of Parliament, because they are deputies, they are not necessary experts, that’s why they need the civil service assistance. V- What do government departments do ? They have to prepare legislation Oversee, monitor departmental bodies Keep the public and Parliament informed, remain transparent about what they do Preparing Legislation Departments prepare public bills - Close consultation between minister and civil service - The aim : >To get a bill introduced in Parliament >To avoid too many amendments being made by Parliament. Controlling agencies and public bodies Executive agencies in each governments departments, Ex : Driver and vehicle licensing agencies Under the authority of the Dept of Transport Non departmental public bodies kingdom of England and Wales Scotland England tried to take over Scotland by force many times, but each times, they did not succeed. Union of the Crowns, 1603 => unification of the three realms Queen Elizabeth died heirless (“The Virgin Queen) => James VI of Scotland also became James I of England and Scotland. BUT England and Scotland remained independent sovereign states. > It was a personal union > Scotland retained its own parliament The act of union 1707 created the UK which included England, Wales + Scotland. Union flag created But Scotland still a “country within a country” (with its own church, its own legal system) Why did they chose to unify ? 1. Military reasons : Scotland appeared as the country where England could take soldiers for the war / Spain 2. Political reasons : 3. Financial reasons : Scotland was poor  Ireland Lords owed loyalty to the king of England King’s control limited until the 16th century Since 17th century, Protestantism dominant religion in Great Britain / Ireland = majority of Catholicism => threat for England. Why ? The Protestant Plantations English response => to send Protestant landowners to Ireland and occupy lands owned by Catholics Many in the North The Act of Union Despite the plantations => still problems in Southern Ireland Rebellions (1641, 1690, 1798) => More control by the UK including Ireland Act of union 1801 Parliament in Ireland dissolved The new Union Jack Flag of the union Union flag + st Patrick cross = Union Jack as we know it today Irish independence The Home rule movement in Ireland (19th century) >HR = transferring powers to Ireland >But, keeping Ireland in the UK The home rule movement posed a problem for the north of Ireland = Ulster question Protestants in the north did not want to be governed by the south (Catholic) of the country (long history of sectarian discrimination and violence) Refused a single government for the island Negotiated a separate government in the North Irish Independence > Organised a revolution : the 1916 Easter Rising > At the beginning, a lot of Irish people initially opposed the rebellion > bad treatments of the rebels by the British government => turned the public opinion 1918 general election won by the separatists. They refused to take seats in British Pt and established assembly in Dublin (the Dail) = Beginning of the war of independence. 1921 : Anglo-Irish Treaty => Irish Independence 1937 : Irish Constitution > Northern Ireland govern themselves but part of the UK (6 counties) > UK => United Kingdom of Great Britain and Northern Ireland CCL : UK = complex kingdom UK = composite country Different histories and identities but the belong to the same kingdom today, they did not join the kingdom at the same time. Some of them demand more autonomy from these nations (not surprising) (for example Scotland) II- From unity to divisions ? A. The Move towards devolution The four parts of UK were represented in the House of Commons. But, the majority of the seats = England + the 2 main parties are English. Scotland and Wales wanted their power to be devolved because the felt like it was the Pt of England only. What is devolution ? Devolution : transfer of certain powers from central government to another authority within the state. > In the UK, transfer from England to another nation in the union (Scotland or Wales). Devolution in Scotland :  During the 1970s, call for devolution Scotland had oil which means they were not as dependant as they were before Support for SNP going up Devolution referendum in 1979 = failure 1997 election : Tony Blair promised to organise a devolution referendum for Scotland > Massive vote in favour of devolution - 75 % The Scotland Act - 1998 - Established a Parliament in Edinburgh (legislative branch) - And an executive branch : current first minister = John Swinney. >Gave powers to the Scottish executive branch : - Agriculture - Education - Health = devolved matters >Other powers remained with Westminster = reserved matters (taxation, foreign policy…) The Independence Movement SNP increasingly popular UK government agreed to an independence referendum (2014) > 55 % voted to stay in the UK > 45 % voted for independence Scotland and Brexit One reason why Scottish people voted against the independence of Scotland is because they wanted to remain in EU. In the Brexit referendum => 62 % of Scottish voters chose to remain in the EU Calls for a new independence referendum Devolution in Wales Independence movement was never as strong in Wales as in Scotland. Because Wales = part of the union for a lot longer than Scotland They depends on England a lot more economically speaking (or they would not survive) Devolution referendum in 1979 > 20 % of voters favoured devolution Devolution referendum in 1997 > 50,3 % in favour of The Wales Act of 1998 A Welsh assembly and executive was created ( in Cardiff) + a first minister Northern Ireland Ireland - a special case Northern Ireland gained some self-government in 1921 Part of the Home Rule Act > Northern Ireland Pt was established > Control over policing, agriculture, education etc… Problems in Northern Ireland System of government in NI problematic > Power in the hands of a small minority : the Protestants unionist community A large majority treated as second class citizens : the Catholic nationalist community (mistreated, no job…) Tensions begin to surface 1960s : Catholics began to protest >No reaction from the NI government > Protests often broken up >Tension increased between the two communities > 1971 => British army sent in to maintain peace Bloody Sunday The British army made it worst by siding with Protestant unionist January 1972 => British army opened fire on a group of protesters (killed 13 people) > Became known as Bloody Sunday => escalation of violence NI Pt suspended by the British Pt + London imposed the rules The “troubles” and the Good Friday Agreement 30 years of violence in NI Over 3 500 people killed 1955 : Pdt Clinton visits Londonderry to talk about peace making 1998 => Good Friday agreement Established a NI Assembly Created a system of government which would ensure power-sharing Rappel examen : 19 dec, un QCM : 4 réponses proposés mais une seule de juste (+3 pts réponse juste, -1 pts réponse fausse ou absence de réponse) + 10 questions de grammaire sur le groupe nominal A special problem - Brexit and Northern Ireland Majority of people in NI voted to remain - 55 % More radical members of the unionist community => for the DUP Raised 2 problems - A long term problem - A short-term problem The long term problem - could Brexit lead to Irish reunification ? A majority of people in NI want to remain in the EU The Republic of Ireland is a part of EU Solution for “remainers” is to break away from the UK and reunify with the Republic The short term problem - what to do about the Irish border ? Brexit created a border between the UK and the EU - Along the NI border Hard Brexit => customs / border checks between N and S 2 problems  - Practical pb for the movement of people - Symbolic pb (linked to history => tensions between the North and the South) Conclusion 4 distincts nations Unity in danger, mostly because of Brexit LECTURE 5 : THE “COMMON LAW” AND THE JUDICIAL BRANCH I. Common law as a source of law Parliament is a the top of the hierarchy of norms = parliamentary sovereignty Acts of Parliaments = statutes Statutory law Not the only source of law Another body of law Case law Case law is law as it defined through cases (= common law) Established through decisions = precedents (jurisprudences) Historical development of the common law Pt did not sit regularly before the 19th century People needed legal remedies for their problems If statutory law could not provide a remedy => they looked to the royal courts to do this (monarchy > pt at the time) The decisions of royal courts were recorded and invoked in future cases This body of law became known as the “common law” How the common law works When the facts of a case are similar to a previous case. Judges need to follow the decision of the previous case. => Unless, it was made by a lower court This is known as the principle of “binding precedent” To bind - lier A binding precedent - une jurisprudence qui a force de loi “Judges are bound by previous decisions” This allows for legal certainty What happens when the facts are not the same ? Judges need to “develop the law” Developing the law = finding solutions for the case in hand Do judges make new rules as they want ? NO They need to follow certain principles and rules. What areas of law are governed by common law ? - Contract law - Tort law Equivalent of the Code Civil in France - Succession law - Some aspects of criminal law - The definition of many crimes still come from landmark cases Cases which enable to provide a definition of certain crime Examples : murder, manslaughter, kidnapping However, a lot of criminal law (droit pénal) has been codified “Codification” of common law Law in the UK has veneer been fully codified like France. Codification in the UK happens when common law rules are : - transformed into statute law = passed by Pt. It has the advantage of making it clearer Example : Mots criminal law, employment law, family law II. Common law system VS law systems Common law system Civil law system Some law is “codified” in statutes All law is codified in codes which are applied by judges Some law exists in the form of decisions which are Precedents are not binding binding on future cases = Common law, case law Exists in UK and countries which it colonised or The most global system globally influenced (In around 150 countries) (Around 80 worldwide)