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The United Kingdom of Great Britain and Northern Ireland （U.K.） consists of four countries: England, Wales, Scotland and Northern Ireland. Some law applies throughout the whole of the U.K.; some applies in only one, two or three countries. This part describes law that applies either to the whole of the U.K., or to England and Wales. It does not cover law that applies only to Wales, Scotland or Northern Ireland.

The four principal sources of U.K. law are legislation, common law, European Union law and the European Convention on Human Rights. There is no single series of documents that contains the whole of the law of the U.K.

Legislation is law that is created by a legislature. The most important pieces of legislation are Acts of Parliament. The principal legislature is the U.K. Parliament, which is based in London. This is the only body that has the power to pass laws that apply in all four countries. The U.K. Parliament consists of the House of Commons and the House of Lords.

The House of Commons consists of 650 Members of Parliament （M.P.s）. Each M.P. represents a defined geographic constituency, whose electors vote using a first-past-the-post system. Each elector has one vote, and the candidate with the highest number of votes is elected as M.P. for that constituency. In May 2011, a referendum will be held on whether the voting system should change to an alternative vote system. If this happens, the number of constituencies will be reduced to 600.

The House of Lords consists of nearly 800 peers, of whom 600 are formally appointed by the Queen on the recommendation of the Prime Minister. The other members of the House of Lords are people who have inherited aristocratic titles such as “Lord” or “Lady”, and senior bishops of the Church of England.

The Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales each have the power to pass laws on devolved matters: these laws apply only in the country in which they were passed. Each of these legislatures has its own website.

The legal system of England and Wales is a common law one, so the decisions of the senior appellate courts （see below） become part of the law.

The U.K. is a member state of the European Union （E.U.）, which means that E.U. law takes precedence over U.K. law.

The European Convention on Human Rights

As a member state of the Council of Europe, the U.K. is a signatory to the European Convention on Human Rights （ECHR）. The Human Rights Act 1998, which came into effect in October 2000, enables all the courts in the U.K. to protect the rights identified in the ECHR.

A distinction is made between public law, which governs the relationship between individual citizens and the state, and private law, which governs relationships between individuals and private organizations.

For practical purposes, the most significant distinction is between civil law and criminal law. Civil law covers such areas as contracts, negligence, family matters, employment, probate and land law. Criminal law, which is a branch of public law, defines the boundaries of acceptable conduct. A person who breaks the criminal law is regarded as having committed an offence against society as a whole.

A person who believes that another individual or organization has committed a civil wrong can complete a claim form and send it to the appropriate court. The County Court, which is based at over 200 locations, deals with most claims involving less than £25 000 and claims for less than £50 000 that involve injury to a person. The High Court, which is in London, hears most higher-value cases. In the County and High Courts, each case is heard by a single judge.

The person who starts a civil case is called a claimant, and he or she has the burden of proving that, more probably than not, the other party （the defendant） committed a civil wrong. If the claimant is successful, the usual remedy is damages: a sum of money paid by the defendant to the claimant. Other remedies, such as a court order that prohibits a person from behaving in a certain way, are available in some circumstances. Either party to a civil case may appeal to a higher court against the decision.

A person who believes that a crime has been committed contacts the police, who conduct an investigation. If, after arresting and interviewing a person, the police believe that he or she committed the crime, that individual is charged, a report of the case is then sent to the Crown Prosecution Service （CPS）.

If the CPS believes that the case has a reasonable prospect of success, and that it would be in the public interest to do so, it will start criminal proceedings against the suspect, who becomes the defendant in the case. In court, the CPS bears the burden of proving, beyond reasonable doubt, that the defendant committed the crime.

Minor offenses, such as speeding, are heard by Magistrates’ Courts. Many towns in England and Wales have their own Magistrates’ Court, where cases are heard by three magistrates. Magistrates do not need any legal qualifications, and they are advised by a Clerk, who is a qualified lawyer. Magistrates do not state reasons for their decisions.

Very serious offenses, such as murder and rape, are heard in the Crown Court. The Crown Court is based in about 90 centers throughout England and Wales. A jury consisting of 12 people chosen at random from the local population will decide, without giving reasons, whether the defendant is guilty of the offence. Usually a jury’s decision will be unanimous, but the judge may decide that an 11:1 or 10:2 majority is sufficient. The jury is advised about the law by the judge, whose role also includes imposing a sentence if the defendant is found guilty.

Some intermediate offenses, such as theft, may be tried in a Magistrates’ Court or the Crown Court. The sentences available for criminal offenses include fines （payment of a sum of money to the state）, imprisonment and community punishments such as unpaid supervised work.

Appellate courts are those that only hear appeals from other courts. The two most senior appellate courts are the Court of Appeal and the Supreme Court.

The Court of Appeal, which encompasses only England and Wales, consists of a Civil Division and a Criminal Division. The Civil Division hears appeals against decisions of the High Court, while the Criminal Division hears appeals about alleged errors of law in the Magistrates’ and Crown Courts. Cases are heard by three Lords Justices of Appeal, each of whom reaches an individual decision that may consist of a lengthy speech. The Court’s decision may be reached either by unanimity or by a 2:1 majority.

Appeals from the Court of Appeal are heard by the Supreme Court, which is the highest court in the U.K. It hears civil appeals from all four countries, and criminal appeals from England, Wales and Northern Ireland. Permission to appeal to the Supreme Court will be given only if a case raises a point of general public importance. Cases are heard by five, seven or nine of the 12 Justices of the Supreme Court, each of whom reaches an individual decision that may consist of a lengthy speech. The Court’s decision may be reached either by unanimity or by a simple majority.

Decisions made in the Court of Appeal and the Supreme Court—and the Supreme Court’s predecessor, the Appellate Committee of the House of Lords—become precedents that must be followed by courts in all future cases. This ensures that similar cases are treated similarly, which many people regard as one of the most important aspects of justice.

1. His or Her Majesty 国王陛下或女王陛下，这是对君主的间接的或背面的称呼。如果是直接或当面称呼，应该是Your Majesty。

2. Shadow Cabinet影子内阁，在大选中获得第二多席位的党组成反对党（the Opposition），或称在野党。在野党有自己的领袖，也有自己的一班人马，组成“影子内阁”，主要对执政党进行监督或提供建议。

3. the civil service 文职人员，在除军队、法庭、宗教组织以外的政府部门工作的公务人员总称。英国政府各部的常务次官（相当于部长助埋）及以下各级政府工作人员都称为文官。他们不属于哪一个政党，政府更迭时一般不予解雇。

4. the City of London 伦敦城，是伦敦最古老的那部分城区，是今天世界上是最重要的金融中心之一。著名的英格兰银行（the Bank of England）、伦敦股票交易所（the London Stock Exchange）、劳埃德保险公司（Lloyd’s Insurance Company）等金融机构都位于这一城区。

I. Define the following terms.

1. the British Constitution

2. the Bill of Rights

3. Queen Elizabeth II

4. the Privy Council

II. Fill in the blanks according to the text.

1. The present sovereign is _____ _____.

2. Elizabeth II came to the throne on Feb. 6th, _____.

3. The vital power lies in the _____ _____, and his/her cabinet.

4. The _____ is the only legal and constitutional link binding the members of the Commonwealth to the home country and to one another.

5. The British Parliament consists of three elements—the _____, the House of _____, and the House of _____.

6. The British legislature is _____.

7. The official head of Parliament is the _____.

8. The House of Commons appeared in late _____ century.

9. The government cannot legally spend any money without the permission of he House of_____.

10. Each year the Chancellor of the Exchequer, the minister of _____ presented the Budget.