Chapter 9 Justice and the.ppt

Chapter 9 Justice and the Law
November, 2005
Xiao Huiyun
Pictures
A 1 Introduction – Basic Principles of *** English Law
What are the basic principles of English Law?
Explain “The Rule of Law”.
What is the Law that is higher than man-made law? What are the criteria?
What kind of orders are soldiers expected to disobey? Give examples.
Should the pilot who bombarded the Chinese Embassy in Yugoslavia be punished for the atrocity? Why or why not?
A 1 Introduction – Basic Principles of English Law
The Rule of Law, Natural Law and Natural Justice
The Rule of Law is an aspect of the British Constitution.
It involves:
The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities.
There can be no punishment unless a court decides there has been a breach of law.
Everyone, regardless of your position in society, is subject to the law.
A 1 Introduction – Basic Principles of English Law cont
Natural Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (., murder is wrong; parents are responsible for the acts of their minor children)
Natural Law is higher than Man-made law. Eg. Nuremberg War Crimes Trial
Natural Justice -- reflections of prevailing moral view of society .
Basic principles
The rule of law----everybody is subject to the law

----laws must not be arbitrary
----a person is innocent until proven guilty
Natural law ----a law is higher than a man-made law
Natural justice----reflection of the prevailing moral view of the society
A 1 Introduction – Sources of British Law
Common Law – decided by judges, their decisions in cases being arrived at after considering the customs and practices of the people involved. This kind of law has evolved long before Parliament became the main law-making body.
Statute Law – made by Parliament
Case Law – has evolved through decisions in actual trials
European Union law
A 1 Th