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Titre du blog : Littérature assassine...
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Date de création : 23-11-2008
 
posté le 08-07-2015 à 17:11:00

QUICK REFERENCE POLITICS AND LAW


POLITICAL IDEOLOGIES

 

Ideologies are the sets of basic beliefs about the political, economic, social and cultural affairs held by the majority of people within as society.

absolutism. System where the rulers have unlimited control.

anarchism. Society without government, laws, police or other authority. System of self-control.

aristocracy. The privilege of social class whose members possess disproportionately large percentage of society's wealth, prestige and political influence.

autocracy. Supreme political power is in the hands of one person whose decision are unregulated..

capitalism.  Right-wing political system where the principle means of production and distribution are in private hands.

communism.  Extreme left-wing ideology based on the revolutionary socialist teachings of Marx. Collective ownership and a planned economy. Each should work to their capability and receive according to their needs.

conservatism. Governmental system where the existing institution are maintained, emphasizing free-enterprise and minimal governmental intervention.

democracy. Government by the people usually through elected representatives.

dictatorship. Government by a single person with absolute control over the resources of the state.

egalitaranism. Belief where all citizens have equal rights and privileges.

fascism.  Extreme right-wing ideology where the existing social order is protected by the forcible suppression of the working class.

imperialism. The extension of power and rule beyond established geographical boundaries.

liberalism. Representative government, free-speech, abolition of class privilege and state protection of the individual.

Marxism. Developed by Marx and Engles, it proposes that all is subject to change and resistance to change necessitates the overthrow of the system through class struggle.

Maoism. Interpretation of Marxist communism emphasizing the development of agriculture.

Monarchy. A form of rule in which the head of state is a King or Queen.

nationalism. The unification of the state and release from foreign rule.

oligarchy. A system of government in which virtually all power is held a small number of wealthy people who shape policy to benefit themselves.

populism. Collective noun for the ideologies which demand the redistribution of political power and economic leadership to the 'common people'.

socialism.  Left-wing political system where the principle means of production, distribution and exchange are in common ownership.

theocracy. Rule by the church.

totalitarianism. Government control of all activities.

Trotskyism. Form of Marxism incorporating the concept of permanent revolution.



THE LEFT

liberty.  The freedom of speech and the right to dissent.

equality.  A classless society with the redistribution of wealth through a welfare state.

fraternity.  The communal brotherhood, working and living as one.



THE RIGHT

authority.  The preservation of order through an evolved authority.

hierarchy.  The continuation of the existing social order.

property.  The right to private ownership.



LEGAL TERMS



accused.  The individual who is charged with a criminal offensive.

acquittal.  The release of a defendant from all charges.

action.  Civil legal proceedings.

adjournment.  The postponement of legal proceedings.

advocate.  Barrister (especially Scotland) The defender of a cause.

affidavit.  A legal document.

appeal.  Plea to a higher court for a change in a judgement.

arrest.  The apprehension of a person suspected of a crime. They may be held in custody or released on bail.

Attorney General.  Head of the Bar in England.

bail.  Temporary release of a defendant prior to trial, usually backed by some form of security.

Barrister.  A lawyer qualified to plead for a client in court.

brief.  Written instructions from a solicitor to a barrister.

By-law.  A rule made by a local authority.

charge.  A formal accusation by the court or its representatives such as the police.

counsel.  A barrister who is acting in court.

court. Location where legal judgment is made. Click here for more information.

court martial.  A military court.

Crown, The.  The prosecuting authority in criminal cases.

custody.  Detention by the police or prison authorities.

damages.  Compensation.

defendant.  The individual against whom legal proceedings are brought.

equity.  Decisions based on the principles of ‘natural justice. Equity is used primarily to supplement common law.

evidence.  A written or spoken report or item used in court to prove or disprove a point.

in-camera.  Court proceedings held in private.

indictment.  A formal charge presented in court usually before a jury.

injunction.  An order issued by a court that (usually) restricts or prevents a person from doing something.

judge.  Public official appointed to hear a case in court and make a decision on that case.

jury.  A body of people sworn to determine the outcome of a case.

Justice of the Peace.  Lay (unpaid) magistrate.

lawsuit.  A proceeding in a court of law especially a civil action.

lawyer.  A member of the legal profession.

litigation.  Legal proceedings.

Lord Advocate.  The chief law officer in Scotland.

magistrate.  Person without formal legal training authorised to sit in judgement.

parole.  The conditional release of a prisoner from jail.

party.  A person who takes part in legal proceedings.

plaintiff.  The injured party in a civil case.

precedence.  Judges are obliged to give reasons for their decisions in court. Subsequent cases of the same type may refer to those judgements because of the precedence that has been set.

prosecution.  1. The institution of legal proceedings against a person  2. A lawyer acting on behalf of the Crown.

public inquiry.  An investigation held as part of legal proceedings or over public concern for a particular issue.

Queen's Counsel.  Senior barrister appointed to the Crown who may act in the Crown Court.

Queen's Evidence.  Evidence given for the Crown.

recorder.  Barrister or solicitor authorised to sit in judgement.

remand.  The  period between arrest and trial during which the accused is held in custody or released on bail.

solicitor.  A lawyer who advises clients on all legal matters and may represent them in court  See barrister.

Statute Law.  Legislation introduced by Acts of Parliament.

subpoena.  Writ which requires a person to appear in court to give evidence.

summary offence.  A criminal offence dealt with in the magistrates courts.

summons.  An order to appear in court at a specific place and time.

tort.  An act, such as libel and trespass, for which one can be sued in a civil court.

trial.  The determination of a persons guilt according to the law.

writ.  Written command issued by a court or other authority. Writs may be used to initiate an action in the High Court.



BRITISH POLITICS



BRITISH CONSTITUTION

The fundamental principles of government and the rights of the people are defined in a constitution.  The constitution of the United Kingdom is not contained in any single document but has evolved over the years partly by statute, partly by common law and partly by convention.  The United Kingdom is defined as a constitutional monarchy governed by Ministers of the Crown in the name of the Sovereign.



THE MONARCHY

The Sovereign is an integral part of the legislature (Parliament), head of the executive (Cabinet and other Ministers), head of the judiciary (Judges), Commander in Chief of the armed forces and Supreme Governor of the Church of England.

The powers of the Monarchy are limited to summoning, proroguing and dissolving Parliament, giving Royal Assent to Bills, appointing important office holders and granting pardon to those wrongly convicted of a crime.

The Privy Council.  The Sovereign in Council or Privy Council was the chief source of executive power until the system of Cabinet government developed.  Its main function these days is to advise the Sovereign.



PARLIAMENT

Parliament is the supreme law making authority; its main function is to pass laws.  Parliament emerged during the late 13th century with a prototype House of Lords formed from officers of the King's household and the King's judges.  Edward I's 'Model Parliament' of King, Lords and Commons was formed in 1295.

House of Lords.  The House of Lords consists of the Lords Spiritual (Archbishops and Bishops) and Lords Temporal (hereditary and life peers).  Until the beginning of this century the House of Lords had considerable power, being able to veto any Bill submitted to it by the House of Commons.  These powers were greatly reduced by the Parliament Acts of 1911 and 1949.

House of Commons.  The Members of the House of Commons are elected by universal adult suffrage and are those candidates who obtain the largest number of votes cast in each of 651 constituencies.  The opposition parties (those that are not part of the government) traditionally sit on the left as viewed by the Speaker.



GOVERNMENT



The political party that holds the majority of seats in Parliament is invited by the Queen to form a Government.  It is responsible for the administration of the nation and the translation of party policy into law.

 The Cabinet.  The Cabinet developed during the 18th century as an inner committee of the Privy Council.  It is composed of about 20 ministers chosen by the Prime Minister.  The job of the Cabinet is to determine policy and ensure the control and co-ordination of government.

The Prime Minister.  The office of Prime Minister has been in existence since 1721 and was officially recognised and granted a place in the table of precedence in 1905.  As the chairman of Cabinet meetings and leader of a political party, the Prime Minister is responsible for translating party policy into government activity.   The Prime Minister informs the Sovereign on political matters, advises on the dissolution of Parliament and makes recommendations for important Crown appointments and the award of honours.



LOCAL GOVERNMENT

Local goverment in England is divided into Metropolitan, London Borough and Unitary single-tier authorities, County and District councils and finally town and Parish councils.



ENGLAND

There are 36 Metropolitan Borough Councils covering the main urban areas outside London: Greater Manchester, West Midlands, Merseyside, South and West Yorkshire and Tyne and Wear. There are 32 London Borough Councils and the Corporation of the City of London. They provide all the main local government services for the area.

In the rest of England there are 46 unitary authorities and 34 County Councils. Unitary authorities provide all the main services. County councils have a two-tier structure of local government. In addition there are district councils which cover smaller areas within counties and which provide some of the services.

Many local areas also have a Town or Parish Council in addition to the councils described above. These are most often rural areas, but urban areas can also be parished.

Councillors are elected throughout England for a 4 year term. A borough is a district council that has been granted a Royal Charter.  The top civic dignitary in a borough is a mayor.

Single-tier authorities (Metropolitan, London Borough, Unitary). Responsible for: education, social services and housing and council tax benefits, housing, public libraries, museums and art galleries, traffic and transportation, refuse collection, recycling and disposal, planning, environmental health, swimming pools and leisure facilities, parks, open spaces, and countryside including footpaths, cemeteries and crematoria, markets and fairs, registration of births, deaths, marriages and electorates, collecting council tax and business rates.

County Councils. Responsible for: education, libraries, social services, trading, standards, waste disposal, highways and transport, strategic land use, planning.

District Councils. Responsible for: housing, parks, sports, arts and entertainment, land, use planning permission, environmental health, waste collection and recycling, street cleaning, council tax collection, council tax and housing, benefits, electoral registration and administration.

Town and Parish Councils. Responsible for: community centres, arts and leisure facilities, parks and play areas, public conveniences and other services, and have a right to be notified about planning applications in the area.



SCOTLAND

There are 32 unitary councils in Scotland. They provide all the main local government services in Scotland. Elections are held every four years. Local government in Scotland is a devolved matter, with legislation and financial decisions being part of the powers of the Scottish Parliament. Responsibilities are similar to those in England.



WALES

Local government in Wales is divided into Principal Authorities and Town and Community Councils. They are responsible to the National Assembly for Wales which is in turn responsible to the UK Government.

There are 22 local unitary authorities known variously as city, county or county borough councils. Whilst many of the responsibilities are similar to those in England, local authories in Wales work within a defined partnership with the Welsh Assembly.



PARLIAMENTARY TERMS



Act.  A Bill which has been made law.

Bill.  Proposed legislation is termed a Bill.  Bills may start in either House but have to pass through both Houses to become law.  The 5 stages of a Bill are:

 1. First Reading.  Constitutes an order to have the Bill printed.

 2. Second Reading.  The debate on the principles of the Bill.

 3. Committee Stage.  The detailed examination of a Bill.

 4. Report Stage.  Detailed review of a Bill as amended in committee.

 5. Third Reading.  Final debate on a Bill.

dissolution.  Parliament comes to an end either through dissolution by the Sovereign or the expiration of a term of five years.

division.  Any formal vote in Parliament.

green paper.  A document containing policies for discussion.

Hansard.  The official report of debates in both Houses.

hung parliament.  A parliament where no single party has an overall majority of seats (326 or more).

lobby.  One of two corridors where MPs vote in a division.  Also a hall where the public may meet Members of Parliament.

Member of Parliament.  An elected member of the House of Commons.

Minister.  Head of a government department.

opposition days.  One of 20 days per session in which the topic for debate is chosen by the opposition.

private members bill.  A Bill promoted by an MP who is not a member of Her Majesty's Government.

prorogation.  The closure of a session of Parliament by the Sovereign.

Royal Assent.  The Royal Assent (Royal Veto) is the official signature by the Sovereign to an Act of Parliament.

select committees.  Select committees are the means used by both Houses to investigate specific matters.  Most select committees are now tied to departments such as Defence, Employment, Energy and Transport.

sessions.  The life of a parliament is divided into a number of sessions each one year in length.

standing orders.  Rules which have been agreed by each House to regulate the conduct of their business.

Star Chamber.  Originally a Privy Council court abolished in 1641, now a Conservative ministerial group responsible for setting government spending limits.

The Speaker.  The Speaker of the House of Commons has been the spokesman and President of the Chamber since 1377.

whips.  In order to secure the attendance of Members on all occasions Whips are appointed. The written appeal to attend is also known as a 'whip', its urgency being denoted by the number of times it is underlined. Failure to respond to a three line whip is tantamount to secession (at any rate temporarily) from the party.

white paper.  A document containing policies for debate in Parliament.



BRITISH LAW



CIVIL & CRIMINAL LAW

The rights and responsibilities of individuals and companies are covered by Civil law: breach of contract, negligence, libel, fraud, house purchase, divorce, rights of access.

Criminal law  covers offences against the state: theft, assault, murder and rape.  Summary offences and indictable crimes in  England and Wales are brought to court by the Crown Prosecution Service (CPS) and in Scotland by the Lord Advocate.



COMMON & ROMAN LAW

Common law is based on the acceptance of established customs and practices and is the basis of the legal system in England and Wales.  It is an adversarial system in which lawyers argue for and against a case and judgment is made on those arguments.

Roman law is the basis of the legal system in Scotland.  It is based on a set of written codes, the theory of which was established by the ancient Greeks and Romans.  It is  an inquisitorial system in which magistrates actively investigate a case before making judgement.



THE COURTS

 

ENGLAND AND WALES

County Courts.  Civil litigation is dealt with in the county courts before a magistrate or recorder although small claims are usually settled out of court.  Where damages exceed a set amount or the case is complicated it may be referred to the High Court.

High Court of Justice.  The superior civil court.  The High Court has three divisions, each with equal powers however they tend to specialize in particular areas of law.  Queens Bench division deals with commerce and cases referred from the county courts, chancery division deals mainly with common law and family division deals obviously with family law.

Magistrates Courts.  Minor criminal cases are dealt with in the magistrates courts.  These are run by magistrates or recorders who are advised by the clerk of the court.  Appeals and serious cases are referred to the crown court.

The Crown Court.  The superior criminal court.  Crown Court cases are presided over by High Court judges, circuit judges or recorders and always contested before a jury.

Coroners Court.  Not a true court but an enquiry into the cause of death if that death is unnatural or the cause is unknown.  The enquiry is held before a judge and jury.  Treasure Trove is also the jurisdiction of a coroners court.

Appeal Courts.  The appeal courts are split into the civil division and criminal division.  Head of the civil division is the Master of the Rolls.  Head of the criminal division is the Lord Chief Justice.  Appeals are heard from all three divisions of the High Court and the crown courts.

House of Lords.  The supreme court of appeal.  It comprises of the Lord Chancellor and 10 Lords of Appeal in Ordinary (Law Lords).  Very few cases actually reach the House of Lords.

The legal system in Northern Ireland is very similar to that of England and Wales.



SCOTLAND

District and Sheriff Courts.  Scotland is divided into 6 sheriffdoms each headed by a Sheriff Principal.  Each sheriffdom is further divided into sheriff court districts.  Criminal cases are heard by both a sheriff and jury.  Civil cases are prepared by the procurator fiscal and heard by a lay justice of the peace.

High Court of Justice.  The superior criminal court and court of appeal for criminal cases.  Cases are prepared by the Crown Agent and heard before a judge and jury.  There is no recourse to the House of Lords.

Court of Sessions.  The superior civil court and court of appeal for civil cases.  It is divided into the Inner and Outer House.  The Outer House deals mainly with cases referred to it by the sheriff courts.  The Inner House is mainly an appeal court sub-divided into two equal Divisions that hear appeals from the Outer House and the Sheriff Courts.  All cases are heard before a Judge and jury.  Appeals may be referred to the House of Lords.



THE BAR

The Bar is the collective term for barristers.  Prior to being 'called' to the Bar, lawyers must complete a course in law and be admitted to one of the Inns of Court.  The four Inns are: Lincoln's Inn, Grey's Inn, Inner Temple and Middle Temple.  The main role of the Inns is the education and government of their members.  The Bar Council is the highest governing body of the Bar and Inns of court