|
START |
British constitutional law |
Herausgeber: Rechtsanwalt Möbius |
|
Chapter 1 Human Rights |
German attorney at law |
There is no written
constitution or comprehensive Bill of Rights; Britain's constitution is to
be found partly in conventions and customs and partly in statute. The Act
known as the Bill of Rights 1689 deals with the exercise of the royal
prerogative and succession to the Crown.
The British legal system
provides some remedies to deal with human rights abuses. For instance, the
remedy of 'habeas corpus' secures the individual's right to freedom from
any unlawful or arbitrary detention.
Parliament, however, has power to
enact any law and change any previous law.
There is no fundamental
distinction between 'public law' and 'private law'. Any person can take
proceedings against the Government or a local government authority to
protect his or her legal rights and to obtain a remedy for any injury
suffered.
Britain has not generally codified its law and courts adopt a
relatively strict and literal approach to the interpretation of
statutes.
The ratification of a treaty or international convention does
not make it automatically part of the domestic law. Where necessary, the
Government amends domestic law to bring it in line with the convention.
Because of Britain's membership of the European Community, Community law
is part of British law and takes precedence in the event of conflict
between the two.
Since
the Universal Declaration of Human Rights is not a legally binding
document, the UN General Assembly adopted, in 1966, the 'International
Covenant on Economic, Social and Political Rights' and the 'International
Covenant on Civil and political Rights'. Britain ratified both covenants
in 1976.
Britain is bound by the Council of Europe's 1953 'European
Convention for the Protection of Human Rights and Fundamental Freedoms'.
The Convention allows individual petitions against governments to the
European Commission on Human Rights, if all possible domestic remedies
have been exhausted. Since 1966 Britain has accepted the right of
individual petition under the Convention and the compulsory jurisdiction
of the European Court of Human Rights. The outcome of some cases has led
to changes in British law to improve human rights, for example the
abolition of corporal punishment in state schools and improved rights for
prisoners.Britain is not a party to the Convention's Fourth Protocol
(Freedom of Movement) because of inconsistency with some aspects of the
United Kingdom immigration control system nor the Sixth Protocol
(abolition of the death penalty).
All human beings
are born free and equal in dignity
Everyone is equally
(1) Sex
Discrimination: It is unlawful to treat one person less favorably than
another on grounds of sex when offering employment. This also applies to
education courses and the provision to the public of housing, goods,
facilities and services such as insurance. Advertisements indicating an
intention to discriminate in this way are also illegal.
(2) Equal Pay:
Women employed by the same employer can claim the same pay as men for work
of equal value. This right also applies to work which is the same or
broadly similar or work which is judged equal by a job evaluation scheme.
The same rights apply to men.
(3) European Community Legislation:
States are obliged to eliminate discrimination in state social security
schemes providing protection against sickness, unemployment, invalidity,
old age, accidents at work or occupational diseases.
(4) Racial
Equality: It is unlawful to treat one person less favorably than another
on grounds of race, color, nationality or ethnic or national origins. This
applies to employment (including training), education, and the provision
to the public of housing, goods, facilities and services, and premises.
Discriminatory advertisements are also unlawful.
Everyone has
the right to life, Liberty, and the security of person.
(1) Taking of
Life: The mandatory penalty for murder is imprisonment for life. Anyone
sent to prison for murder is liable to be detained for the rest of his or
her life but may be released on license.
(2) Control of Firearms: There
is strict licensing and control over the sale of firearms and their
possession. Private ownership of highly dangerous weapons is
banned.
(3) Victims of violent crime, including foreign nationals, may
apply for compensation under the Criminal Injuries Compensation Scheme. In
1990 the Government published its Victims' Charter setting out for the
first time the rights and expectations of victims of violent and other
crime. There are more than 350 victim support schemes with over 6,%0
trained volunteers which help well over 5%,%0 people a year.
(4) In
Northern Ireland the security forces have special powers to search,
question and arrest suspected terrorists. Throughout Britain the maximum
period for which the police can hold a suspected terrorist is 48 hours.
This period can be extended for up to five days with the consent of the
appropriate Secretary of State. The Government has powers to ban terrorist
organizations in Northern Ireland and in the rest of Britain.
(5)
Incitement to racial hatred is a criminal offence. It is against the law
to use threatening, abusive, or insulting words or to display, publish or
distribute such material. It is also an offence to possess racially
inflammatory material, the police having powers of search, seizure and
forfeiture.
No one may
be held in slavery or servitude; slavery and the slave trade are
prohibited.
No one shall be
subjected to torture or to cruel, inhuman, or degrading treatment or
punishment.
(1) If a police officer fails to comply with this
provision, he or she can be disciplined and the courts may reject any
evidence so obtained.
(2) Custody: Under the Criminal Justice Act 1991,
the offence must be so serious that it merits custody. Longer custodial
sentences - within the statutory maxima - will be given to persistent
violent and sexual offenders in order to protect the public from serious
harm.
(3) Most prisoners are eligible for remission of one third of
their sentence. Release is unconditional and does not involve any official
supervision in the community. It may be forfeited for serious misconduct
in prison.
(4) Parole: Prisoners serving more than 12 months can be
released conditionally on parole when they have served one third of the
sentence, or six months, whichever expires the later. Three quarters of
prisoners serving sentences of less than two years receive parole. The
parole license remains in force until the date on which the prisoner would
otherwise have been released from prison.
(5) Life Sentence Prisoners:
People serving life sentences for the murder of police and prison
officers, terrorist murders, murder by firearms in the course of crime or
the sexual or sadistic murder of children are normally detained for at
least 20 years. Life sentence prisoners are released on life license and
are subject to recall should their behavior suggest that they might again
be a danger to the public.
(1) Men and
women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with the free and
full consent of the intending spouses.
(3) The family is the natural
and fundamental group unit of society and is entitled to protection by
society and the State.
(4) All marriages are registered by the State.
It is unlawful to force anyone to marry against his or her will or to
bring about a marriage by fraudulent means.
(5) Members of the family
are in an advantageous position in matters of succession. If death occurs
without a valid will, the spouse and children of the deceased have
priority. Children have equal rights of inheritance from parents whether
the parents are married or unmarried.
(1) Everyone has the
right to own property
(2) No one shall be arbitrarily deprived of
his property.
(3) Compensation is paid for any losses suffered through
compulsory purchase or the deterioration of property as a result of
activities by public authorities.
Everyone
has the right to recognition everywhere as a person before the law.
All are
equal before the law and are entitled without any discrimination to equal
protection of the law.
Everyone
has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution
or by law.
(1) Redress and Remedies: Everyone has the right of access
to the courts and to the legal remedies available there.
(2) Legal aid
schemes help people with limited resources to meet the cost of work done
by a lawyer. Solicitors give legal advice and assistance to suspects at
police stations.
(3) All state authorities are subject to judicial
control. Government departments and public authorities can be sued for
compensation for wrongful acts or breach of contract in the same way as
individuals.
Seciton 13 Fair Trial
Everyone is entitled in full equality to a
fair and public hearing by an independent and impartial tribunal in the
determination of his rights and obligations and of any criminal charge
against him.
(1) Civil and criminal cases are heard by an independent
judiciary.
(2) In criminal cases the prosecution must prove guilt
beyond reasonable doubt. Following a series of miscarriages of justice
which took place in the mid 1970s, the Government has set up a Royal
Commission to examine the effectiveness of the criminal justice
system.
(3) In jury trials the judge decides questions of law, sums up
the evidence for the jury, and discharges the accused or passes sentence.
A jury is independent of the judiciary. Any attempt to interfere with the
jury once it is sworn in is a criminal offence.
(4) Publicity: Court
proceedings are normally held in public and reporters from the media are
admitted. In rape cases, the identity of the complainant cannot be
reported.
(1)
Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which
he has had all the guarantees necessary for his defence.
(2) No one
shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
No one shall be
subjected to arbitrary arrest, detention, or exile. Everyone has a legal
right to personal liberty. No one can be arrested with the exception of
those suspected of committing a crime, those failing to comply with
certain civil court orders, or individuals in contempt of a superior court
or of Parliament. An arrest to enforce a court order in civil proceedings
can only be made under a warrant issued by a court or by a power of arrest
granted by the court in cases of domestic violence.
(1) Arrests in
Criminal Proceedings: The police have power to arrest a suspect without a
warrant if he or she is reasonably suspected of involvement in an
arrestable offence, that is, one where the maximum penalty is five years
imprisonment or more. They must normally obtain a warrant before arresting
someone for other offenses; an immediate arrest without a warrant may,
however, take place if the police believe it is not possible or
appropriate to issue a summons to appear in court, for instance where a
suspect refuses to give a name and address.
(2) An arrested person has
the right to:
- consult a solicitor;
- ask the police to notify a
relative or other named person likely to take an interest in his or her
welfare; and
- consult the code of practice regarding treatment in
police custody.
The police may delay the exercise of the first two of
these rights for up to 36 hours.
(3) Consultation: Solicitors are
available on a 2 hour basis to offer free legal advice for people being
questioned at police stations. The police must caution a suspect before
any questions are put for the purpose of obtaining evidence. The caution
informs the suspect that he or she is entitled to refuse to answer
questions - the so-called 'right of silence'.
(4) The suspect may not
normally be detained for more than 24 hours without charge. In the case of
a suspect arrested in connection with a serious arrestable offence,
however, he or she may be detained for up to 36 hours without charge on
the authority of a senior police officer; if the police wish to detain the
suspect for longer than 36 hours, they must obtain authority from a court,
which may not grant authority for a period beyond 96 hours from first
detention. Reviews must be made of a person's detention at regular
intervals to check whether the criteria for detention are still satisfied.
If they are not, the person must be released immediately.
(5) Tape
recording of interviews with suspected offenders at police stations are
universal practice.
(6) Habeas Corpus: Anyone who thinks that his or
her detention is illegal may apply to the High Court for a writ of habeas
corpus against the person detaining him or her. If no lawful cause can be
shown, the prisoner must be released immediately. A habeas corpus case has
priority over other cases in the order of court business.
(7) Bail:
Most accused people are released on bail pending trial. They are not
remanded in custody except where strictly necessary.
No one shall be
subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Every one
has the right to the protection of the law against such interference or
attacks.
(1) The common law allows people to speak and act in their own
homes as they please and to carry on their daily business, provided that
they do not infringe the rights of others or commit an offence.
(2)
Parents are free to bring up their children as they so wish, provided that
they do not infringe laws against cruelty and exposure to moral and
physical danger. Parents also have to observe the law regarding compulsory
education of their children.
(3) Is a criminal offence for a man to
commit a homosexual act with a person under the age of 18. The age was
changed from 21 to 18 with a vote of 336 to 129. A 1999
bill to further reduce that age to 16 has failed.
(4) Privacy and
the Press: Action is being taken by the Government to deal with media
intrusion into the privacy of individuals. The law against libel gives
protection against attacks on a person's honor and reputation.
(5) Some
other forms of intrusion are criminal offenses, for example, the use of
unlicensed radio transmitters for bugging, the harassment of tenants to
make them quit, or the sending of unsolicited obscene material through the
post. Other attempts to obtain private information may involve offenses of
criminal trespass.
(6) Interception of Communications: Legislation
authorizes governmental interception of postal and telephone services but
only on certain limited grounds. Any interception outside these procedures
is a criminal offence.
(7) Computers: Under the Data Protection Act
1984, which gives effect to a Council of Europe Convention, data users are
required to register a description of the personal data they hold, the
purposes for which they use it, the sources from which they obtain it and
the categories of person to whom they may disclose it. They must also
provide an address to which data subjects may write for access to the
data. Individuals have the legal right to know about the data held on them
and the right to ask a court to have factually wrong or misleading data
corrected or deleted. In addition they have the right to claim
compensation for damages if the data are lost, inaccurate, or disclosed
without authority.
(1) Everyone
has the right to freedom of movement and residence within the borders of
each State.
(2) Everyone has the right to leave any country, including
his own, and to return to his country.
Everyone has
the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief
(1) Worship and religious teaching take place without
any interference from the State. There is complete freedom of thought,
conscience or form of worship and no restriction on the right of any
citizen to change his or her religion. Atheists and agnostics are also
free to propagate their views.
(2) A person may, however, be held
guilty of blasphemous libel if he or she publishes scurrilous and
offensive references to Christianity that go beyond the limits of proper
controversy. This does not apply to debate and discussion about the truth
of Christian doctrines.
(3) Churches and religious societies of all
kinds own property, run schools and propagate their beliefs in speech and
writing. Inquiries are not made about religion in population censuses or
other official returns.
(4) There is no religious bar to the holding of
public office except in the case of the Sovereign who must by law be a
Protestant. The Church of England and the Church of Scotland are the
established 'official' churches for state ceremonies of a religious
nature. Their members, however, do not obtain any advantages from being
members of an established church rather than of any other church.
(5)
Religious education has to be provided in all schools financed from public
funds and is part of the national curriculum. Parents have the right to
ask for their children to be withdrawn from such classes. Some publicly
maintained schools are provided by religious denominations and receive
varying amounts of public finance, according to type.
(6) Television
and radio programs are broadcast on religious topics; these include
religious services as well as programs in which adherents of the main
religions and non-believers discuss their views. Advertising aiming to
promote religious ends is not permitted on television or radio.
Everyone
has the right to freedom of opinion and expression
(1) Restrictions include the official secrets, civil
defamation, criminal libel, obscenity, sedition, incitement to racial
hatred, and contempt of court.
(2) There are legal remedies against
defamation. Fair comment on matters of public interest may be a defence.
Proof that the alleged defamatory matter is true is also a defence. In the
same way, frank discussion of sexual problems is not considered to be an
infringement of the law on obscenity.
(3) There is no state control or
censorship of the press. Foreign language papers are freely
imported.
(4) British broadcasting is based on the tradition that it is
a public service accountable to the people through Parliament. Television
and radio services are provided by the British Broadcasting Corporation
(BBC). Other operators are licensed individually by the Independent
Television Commission (ITC) and the Radio Authority. The responsibilities
of these public bodies are set out in legislation. The Government itself
is not responsible for program content or broadcasters' day-to-day conduct
of business.
(5) The independence of the broadcasters requires them to
maintain certain standards regarding programs and program content. Under
the relevant legislation and the codes of practice applied by the
broadcasting authorities, programs must display, as far as possible, a
proper balance and wide range of subject matter, and impartiality in
matters of controversy. There are also rules relating to violence and
standards of taste and decency in television programs, particularly during
hours when large numbers of children are likely to be watching.
Broadcasters must also comply with the general law relating to obscenity
and incitement to racial hatred.
(6) According to 1991 European
agreements on cross-border broadcasting, programs may not be indecent,
contain pornography, give undue emphasis to violence, or be likely to
incite racial hatred. Nor should programs unsuitable for children be
broadcast when they can be expected to be watching.
(7) Theater: There
is no censorship of plays. It is, however, a criminal offence to present
or direct an obscene performance of a play in public or private. Such a
performance is defined as one which, taken as a whole, tends to 'deprave
and corrupt persons who are likely to attend it'. There is a defence
against an obscenity charge on the grounds that the performance is for the
public good in the interest of drama, opera or literature.
(8) Films
and Video: Government has no power to censor films. Cinemas are licensed
by local government authorities, which have a legal duty to prohibit the
admission of children under 16 to unsuitable films, and may prevent the
showing of any film, although this particular power is hardly ever
exercised. In assessing the suitability of films, authorities rely on the
British Board for Film Classification, an independent non-statutory body
to which films offered to the public must be submitted.
(1)
Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the
right of equal access to public service in his country.
(3) The will of
the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
(4) Britain is a parliamentary
democracy, the Government being responsible to the people through the
elected House of Commons, which has the power to force a government to
resign on a vote of no-confidence. The other House in the British
Parliament is the non-elected House of Lords, which is normally a chamber
of discussion and revision of proposals and not a rival to the Commons.
Its powers to delay legislation are limited by law.
(5) Candidature for
parliamentary elections is open to anyone aged 21 and over who is eligible
to vote.
(6) The secret ballot is used in all British elections. The
electoral system is the 'simple majority' system. The candidate with the
largest number of votes is elected.
(7) Officials working in central
and local government have a long tradition of political neutrality. A
change of minister therefore does not involve a change of departmental
staff, whose functions remain the same whichever political party is in
office.
Public offices are open to men and women, without distinction
on grounds of sex, religion, race or color. Staff are recruited to the
Civil Service and its executive agencies through fair and open competition
solely on the basis of merit.
(1) Everyone
has the right to seek and to enjoy in other countries asylum from
persecution.
(2) This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.
(3)
Britain is a signatory of the 1951 United Nations Convention Relating to
the Status of Refugees and its 1967 Protocol and continues to meet its
obligations to refugees under these instruments. The Convention defines a
refugee as a person who has a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social
group or political opinion'.
(4) Britain and the other European
Community members have signed the Dublin Convention, which defines when a
member state is responsible for dealing with an asylum application.
Applicants may no longer lodge successive claims in different
countries.
(5) Under recent legislation people are not extradited to
face trial or imprisonment if they face persecution on grounds of race,
religion, nationality or political opinion. British extradition law
prevents extradition for political offenses.
(1) Everyone has the
right to a nationality.
(2) No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.
(3) British
citizenship is acquired automatically at birth by a child born in Britain
if the father (in cases of legitimate birth) or mother is a British
citizen or is settled in Britain.
(4) British Dependent Territories
citizens, British Nationals (Overseas), British overseas citizens, British
subjects under the Citizenship Act and British protected persons are
entitled to be registered as British citizens after five years' residence
in Britain. British Dependent Territories citizens from Gibraltar have an
absolute right to be registered as British citizens without needing to
reside in Britain.
(5) Commonwealth citizens, citizens of the Irish
Republic and foreign nationals can acquire British citizenship by
naturalization.
(6) British citizenship can be renounced by a person if
he or she possesses, or is about to acquire, the nationality or
citizenship of another country.
(7) Under the Hong Kong Act 1985
citizens are entitled to acquire a new form of nationality, that of
British National (Overseas), together with a passport showing that an
entry clearance is not required to visit Britain. In April 1990
legislation was passed to give British citizenship to 50,%0 key people in
Hong Kong and their dependents without their having to leave the territory
to qualify. Its purpose is to persuade these people - selected under a
points system - to remain in Hong Kong so that the territory can remain
stable and prosperous up to the change to Chinese sovereignty in 1997 and
beyond.
(1)
Everyone has the right to freedom of peaceful assembly and
association.
(2) No one may be compelled to belong to an association.
Everyone,
as a member of society, has the right to social security and is entitled
to the realization, through national effort and international co-operation
and in accordance with the organization and resources of each State, of
the economic, social and cultural rights indispensable for his dignity and
the free development of his personality.
(1) Everyone has the right
to work, to free choice of employment, to just and favorable conditions of
work and to protection against unemployment.
(2) Everyone, without any
discrimination, has the right to equal pay for equal work.
(3) Everyone
who works has the right to just and favorable remuneration ensuring for
himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
(4)
Everyone has the right to form and to join trade unions for the protection
of his interests.
(5) The Employment Service, an executive agency of
the Department of Employment, helps unemployed people to find work through
its job placement and other services and pays benefits and allowances to
those entitled to them.
(6) A fundamental reform of the vocational
qualifications system is being undertaken by the National Council for
Vocational Qualifications. It aims to develop a system of nationally
recognized vocational qualifications based on standards of workplace
competence set by employers. Equal esteem for academic and vocational
qualifications is being promoted with clearer and more accessible paths
between them.
(7) In most industries the pay and conditions of workers
are settled by national and/or plant bargaining between employers and
trade unions.
(8) Laws impose duties on employers and others to ensure
the health, safety and welfare of their employees in factories offices,
mines, building sites and ali other work activities.
(9) People may
join trade unions, which have members in virtually every occupation and
some 10 million members in all. Dismissals for union membership or
non-membership are automatically unfair. It is also unlawful for an
employer to refuse to employ an individual on the grounds of that
individual's membership or non-membership of a trade union.
Everyone has the
right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
The basic working week in Great
Britain is about 37,5 to 40 hours for manual work and 35 to 38 for
non-manual work. A five-day week is usually worked. Overtime is paid at
higher rates.
(1) Everyone has the right
to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and
childhood are entitled to special care and assistance. Aa children,
whether born in or out of wedlock, shall enjoy the same social
protection.
(3) The National Health Service (NHS) provides
comprehensive health care to all residents. Treatment is based on medical
priority regardless of patients' income and is financed mainly out of
general taxation. Patients pay charges for prescriptions although in
practice some 75 per cent are supplied free, since charges do not apply to
people on low incomes, children, expectant mothers, pensioners and other
groups.
(4) Patients are free to seek private medical treatment and
doctors, dentists, opticians and pharmacists are able to practice
privately. NHS hospital doctors, too, can practice privately, subject to
certain rules. There is limited provision for them to treat their private
patients in NHS hospitals. NHS patients are sometimes treated at public
expense in private hospitals. Some 7,5 million people are covered by
private medical insurance.
(5) A local authority may apply to the court
for a child care order. This can only be made by the court if it is
satisfied that the child is suffering, or is likely to suffer, significant
harm.
(6) Children who break the criminal law are brought before youth
courts.
(7) The social security system aims to provide financial help
to people who are elderly, sick, disabled, unemployed, widowed or bringing
up children. The system includes contributory national insurance benefits
covering sickness, invalidity, unemployment, widowhood, and retirement.
There is also statutory sick pay and maternity pay paid for their
employees by employers. Another part of the system consists of
non-contributory benefits such as child benefit paid for every child in a
family and a range of benefits for severely disabled people and those
looking after them.
(8) Preventive services are designed to safeguard
the health of pregnant women and mothers with young children. Pregnant
working women have the right to visit clinics during working hours. Nearly
all women have their babies in hospital, returning home shortly after to
be attended by a midwife or health visitor and, where necessary, the
family doctor. Child health centers check the physical and mental health
of pre-school children. There are voluntary programs of immunization
against diphtheria, measles, rubella (women of child-bearing age and girls
only), poliomyelitis, tetanus, tuberculosis, and whooping cough. There is
a combined vaccination against measles, mumps and rubella for children in
the second year of life.
(9) Statutory maternity pay is available for
up to 18 weeks when a women is away from work because of her pregnancy.
The pay is 90 per cent of earnings for six weeks followed by a flat rate
payment for a further 12 weeks. To qualify, a woman must have worked for
the same employer for at least two years; where a woman has been employed
for between six months and two years, she is entitled to payments for the
full 18 weeks at the flat rate only. If a woman does not qualify for
maternity pay, she may receive a maternity allowance if she has worked for
an employer or as a self-employed person and paid a specified number of
national insurance contributions. The allowance is paid for 18
weeks.
(10) Britain is a party to the Council of Europe's convention on
the legal status of children born to unmarried parents. This provides for
common rules under which the legal status of such children is the same as
for those born to a married couple. Legislation has been passed to remove
former legal disadvantages suffered by children of unmarried
parents.
(11) Under the Abortion Act 1967, as amended in 1990, a
pregnancy may only be terminated if two registered doctors consider that
this step is justified in terms of one or more of the grounds specified in
the Act. The Act does not apply in Northern Ireland.
(12) The birth of
the world's first 'test tube baby' took place in Britain in 1978, using
the technique of in-vitro fertilization. The social, ethical, and legal
implications were examined by a committee of enquiry under Baroness
Warnock, which concluded that certain specialized forms of infertility
treatment, including artificial insemination by donor and in-vitro
fertilization, were ethically acceptable. The committee also considered
that research on human embryos could take place under certain
conditions.
(13) About two thirds of the housing stock in Britain is
owner-occupied. With a few exceptions, secure public sector tenants have
the right to buy their house or flat at a discount if they have been
public sector tenants for at least two years. Under legislation passed in
1988 a Housing Action Trust can be proposed for an area of public sector
housing in England and Wales. If the majority of tenants vote in support
of a proposal to set up a Trust in their area, the Trust, which is a
public body, takes over the ownership of the housing in order to undertake
major physical, social, and economic regeneration. Once the work is
completed, the tenants decide on the future of their homes, such as a
transfer to a housing association, formation of a tenants' co-operative,
or a return to the local government authority. Additional low-cost housing
is provided by non-profit-making housing associations.
(14) Local
government authorities have a statutory duty to ensure that accommodation
is provided for people who are or are about to become unintentionally
homeless.
(15) It is a criminal offence for a landlord to harass
tenants. If tenants are driven out by harassment or illegally evicted,
they must he compensated. If a landlord harasses or evicts a tenant in
order to re-let at market rent, the courts may award damages to the tenant
based on the profit made by the landlord. As a general principle, tenants
and most other residential occupiers cannot be evicted without a court
order.
(1) Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional education shall
be made generally available and higher education shall be equally
accessible to all on the basis of merit.
(2) Education shall be
directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
(3) Parents have a prior right to
choose the kind of education that shall be given to their children.
(4)
The state education system is free, but a small proportion of children
attend private fee-paying schools. Local education authorities have to
meet the parents' wishes unless the school is full or, if selective, the
child does not meet required academic standards. Secondary schools - those
catering for 11- to 16-year-olds - in England and Wales are required to
admit pupils up to the limit of their available physical capacity if there
is sufficient demand on behalf of eligible children by parents.
(5)
Children whose learning difficulties are severe or complex, wherever
possible, are educated in ordinary schools.
(1) Everyone has the
right freely to participate in the cultural life of the community, to
enjoy the arts, and to share in scientific advancement and its
benefits.
(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary, or artistic
production of which he is the author.
(3) The Government and local
government authorities give financial support to the arts. The
preservation of the artistic heritage is encouraged by tax relief and
other measures including certain controls on the export of works of art.
The Arts Council allocates funds to the major opera, dance, and drama
companies, symphony orchestras, small touring theaters, experimental
groups, and creative artists.
(4) Original literary, dramatic, musical,
or artistic works, films, and sound recordings are automatically
protected. The copyright owner has rights against unauthorized
reproduction, public performance, and broadcasting of his or her work. In
most cases the author is the first owner of the copyright, its term being
the life of the author and a period of 50 years after his or her death (50
years from the date of release for films and sound recordings). Under
legislation passed in 1988 authors have the right to be identified on
their works and to object to any unjustified modifications of them. The
law also protects performers against the trading in unauthorized
recordings of live performance, the term of protection being 50 years from
the year in which the performance is given. A copyright work first
published in Britain has automatic copyright in all other countries which
are members of the Berne Copyright Convention and the Universal Copyright
Convention. The law secures the rights of the originators of inventions,
new industrial designs, and trade marks. Protection is also available
under the European Patent Convention and the Patent Co-operation Treaty;
benefits may be claimed in other countries under the International
Convention for the Protection of Industrial Property.
(5) The
Government has taken steps to protect the ownership of ideas by means of
patents, registered designs, trade marks, and copyright. Measures include
the extension of copyright protection to computer software owners, the
extension of trade marks to cover services, and powers to enable customs
authorities to prevent the entry of counterfeit goods. Legislation passed
in 1988 made provision for a new form of protection for designs and made
litigation regarding patents simpler and cheaper.
(1) Everyone has
duties to the community in which alone the free and full development of
his personality is possible.
(2) In the exercise of his rights and
freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order, and the general welfare in a
democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the United Nations.
(1) The British
constitution is made up of statute law, common law, and conventions.
Conventions are rules and practices which are not legally enforceable but
which are regarded as indispensable to the working of government; many are
derived from the historical events through which the British system of
government has evolved.
(2) The Queen
- head of the
executive;
- an integral part of the legislature;
- head of the
judiciary;
- commander-in-chief of all the Armed Forces
- the 'supreme governor' of the
established Church of England.
The Queen acts on the advice of her
ministers. Britain is governed by Her Majesty's Government in the name of
the Queen. In international affairs the Queen, as head of State, has the
power to declare war and make peace, to recognize foreign states and
governments, to conclude treaties and to annex or cede territory.
(3)
Three elements make up Parliament - the Queen, the House of Lords and the
elected House of Commons. The agreement of all three is normally required
for legislation. As there are no legal restraints imposed by a written
constitution, Parliament can make or change any law. It can even prolong
its own life beyond the normal period without consulting the electorate.
In practice, however, Parliament does not assert its supremacy in this
way.
(4) The validity of an Act of Parliament, once passed, cannot be
disputed in the law courts. The House of Commons is directly responsible
to the electorate, and in this century the House of Lords has recognized
the supremacy of the elected chamber. The system of party government helps
to ensure that Parliament legislates with its responsibility to the
electorate in mind.
(5) A Parliament has a maximum duration of five
years, but in practice general elections are usually held before the end
of this term. The maximum life has been prolonged by legislation in rare
circumstances such as the two world wars.
(1) Officers:
The officers of the House of Commons
(2) Electorate: British citizens, together with citizens
of other Commonwealth countries and citizens of the Irish Republic
resident in Britain, may vote provided they are aged 18 or over, included
in the annual register of electors for the constituency, and not subject
to any disqualification.
(3) Elections: For electoral purposes Britain
is divided into 651 constituencies, each of which returns one member to
the House of Commons. Each elector may cast one vote
(4)
Candidates: British citizens and citizens of other Commonwealth countries,
together with citizens of the Irish Republic, may stand for election as
MPs provided they are aged 21 or over and are not disqualified. A
candidate must also deposit 5% pounds, which is returned if he or she
receives 5 per cent or more of the votes cast. The maximum sum a candidate
may spend on a general election campaign is 4,330 pounds plus 3.7 pence
for each elector in a borough constituency or 4.9 pence for each elector
in a county constituency. All election expenses, apart from the
candidate's personal expenses, are subject to the statutory limit.
(1) Parties are not
registered or formally recognized in law, but in practice most candidates
in elections, and almost all winning candidates, belong to one of the main
parties. In 1992 General Elections, the Conservative Party reached 42%,
Labour Party 35%, and the Liberal Democrats 18% of votes.
(2) Since
1945 either the Conservative Party, whose origins go back to the
eighteenth century, or the Labour Party, which emerged in the last decade
of the nineteenth century, has held power. A new party - the Liberal
Democrats - was formed in 1988 when the Liberal Party, which could trace
its origins to the eighteenth century, merged with the Social Democratic
Party, which was formed in 1981.
(3) Leaders of the Government and
Opposition sit on the front benches on either side of the Commons chamber
with their supporters - the backbenchers - sitting behind them. Inside
Parliament, party control is exercised by the Chief Whips and their
assistants, who are chosen within the party.
(4) Annual assistance from
public funds helps opposition parties carry out their parliamentary work
at Westminster. It is limited to parties which had at least two members
elected at the previous general election or one member elected and a
minimum of 150,%0 votes cast. The amount is 2,550 pounds for every seat
won, plus 5.10 pounds for every 2% votes.
(1) Each subject
starts off as a proposal or 'motion' by a member. At the end of each
debate the question may be decided without voting, or by a simple majority
vote. The Speaker has discretion on whether to allow a motion to end
discussion so that a matter may be put to the vote and has powers to put a
stop to irrelevance and repetition in debate, and to save time in other
ways.
(2) In a tied vote the Speaker gives a casting vote, without
expressing an opinion on the merits of the question.
(3) Members with a
financial interest in a debate in the House must declare it when speaking.
To act as a disqualification from voting the interest must be direct,
immediate and personal.
(4) Proceedings of both Houses are normally
public and visitors can watch the proceedings from the galleries of both
chambers. The minutes and speeches are published daily. The records of the
Lords from 1497 and of the Commons from 1547, together with the
parliamentary and political papers of a number of former members of both
Houses, are available to the public through the House of Lords Record
Office. The proceedings of both Houses of Parliament may be broadcast on
television and radio, either live or, more usually, in recorded or edited
form.
(1) Bills: Draft
laws take the form of parliamentary Bills
(2) A draft law is given a first reading in the House of
Commons without debate; this is followed by a thorough debate on general
principles at second reading. It is then given detailed consideration,
clause by clause, by a Commons committee before report stage in the whole
House, and a third and final reading.
(3) Bills must normally be passed
by both Houses. They must then receive the Royal Assent before becoming
Acts. In practice this is a formality.
(1) Standing
committees debate and consider amendments to public Bills at the committee
stage and, in certain cases, discuss them at the second reading stage.
Ordinary standing committees do not have names but are referred to simply
as Standing Committee A, B, C, and so on; a new set of members are
appointed to them to consider each Bill. Each committee has between 16 and
50 members, with a party balance reflecting as far as possible that in the
House as a whole.
(2) Select committees are appointed, normally for the
duration of a Parliament, to examine subjects by taking written and oral
evidence. After private discussion they report their conclusions and
recommendations. Committees include those on European Legislation, Science
and Technology, Public Accounts, Members' Interests, and the Parliamentary
Commissioner for Administration.
(3) Party Committees: In addition to
the official committees of the two Houses there are several unofficial
party organizations or committees. The Conservative and Unionist Members'
Committee (the 1922 Committee) consists of the backbench membership of the
party in the House of Commons. When the Conservative Party is in office,
ministers attend its meetings by invitation and not by right. When the
party is in opposition, the whole membership of the party may attend
meetings. The leader appoints a consultative committee, which acts as the
party's 'shadow cabinet'.
There are
opportunities for criticism and examination of government policy in the
House of Lords at daily question time and during debates on general
motions. Other opportunities include 'unstarred' questions, which can be
debated at the end of the day's business, and debates on proposed
legislation.
The Finance Act
To
keep the two Houses informed of European Community developments, and to
enable them to scrutinise and debate Community policies and proposals,
there is a select committee in each House and two standing committees
debate specific European legislative proposals in the House of Commons.
Ministers also make regular statements about Community business.
(1)
Members of Parliament represent all their constituents, including those
who voted for other parties.
(2) The privileges of the members of the
Commons include freedom of speech; freedom from arrest in civil actions;
exemption from serving on juries, or being compelled to attend court as
witnesses; and the right of access to the Crown, which is a collective
privilege of the House.
The
Parliamentary Commissioner for Administration investigates, independently,
complaints of maladministration when asked to do so by MPs on behalf of
members of the public. The Commissioner must report annually to
Parliament. He or she also publishes details of selected investigations at
quarterly intervals and may submit other reports where necessary.
(1) The Prime
Minister is appointed by the Queen, and all other ministers are appointed
by the Queen on the recommendation of the Prime Minister. Most ministers
are members of the Commons, although the Government
(2) The composition of governments can
vary both in the number of ministers and in the titles of some
offices.
(3) The Prime Minister is, by tradition, First Lord of the
Treasury and Minister for the Civil Service. The Prime Minister's office
is located at 10 Downing Street in central London.
(4) Ministers in
charge of government departments are usually in the Cabinet; they are
known as 'Secretary of State' or 'Minister', or may have a special title,
as in the case of the Chancellor of the Exchequer.
(5) To keep the
workload of the Cabinet within manageable limits, a great deal of work is
carried on through the committee system. The membership of all ministerial
Cabinet committees is published.
(6) The doctrine of collective
responsibility means that the Cabinet acts unanimously even when Cabinet
ministers do not all agree on a subject.
As press adviser to the
Prime Minister, the Prime Minister's Press Secretary and other staff in
the Prime Minister's Press Office have direct contact with the
parliamentary press through regular meetings with the Lobby
correspondents. The Lobby correspondents are a group of political
correspondents who have the special privilege of access to the Lobby of
the House of Commons where they can talk privately to government ministers
and other members of the House. The Prime Minister's Press Office is the
accepted channel through which information about parliamentary business is
passed to the media.
The main function
of the Privy Council is to advise the Queen to approve Orders in Council -
those made under prerogative powers and those made under statutory powers.
Cabinet ministers must be Privy Counsellors and are sworn in on first
assuming office.
(1)
Local authority councils
(2) In the metropolitan counties, district
councils are responsible for all services apart from the police, the fire
service and public transport and, in some areas, waste regulation and
disposal. In Greater London the boroughs and the City Corporation have
similar functions but London's metropolitan police force is directly
responsible to the Home Secretary.
(3) Local authorities in Great
Britain raise revenue through a council tax. Each household receives a
single bill based on the market value of property and the number of adults
living in it. Couples on low incomes will be entitled to rebates of up to
1% per cent on their council tax bills.
(1)
Although Britain is a unitary state, England and Wales, Scotland and
Northern Ireland all have their own legal systems, with considerable
differences in law, organization and practice. However, a large amount of
modern legislation applies throughout Britain. The law is divided into
criminal law and civil law; the latter regulates the conduct of people in
ordinary relations with one another. The distinction between the two is
reflected in the procedures used, the courts in which cases may be heard
and the sanctions which may be applied.
(2) The legal system of England
and Wales comprises both an historic body of conventions known as common
law and equity, and parliamentary and European Community legislation.
Common law, which is based on custom and interpreted in court cases by
judges, has never been precisely defined or codified. It forms the basis
of the law except when superseded by legislation. Equity law consists of a
body of historic rules and principles which are applied by the courts. The
English legal system is therefore distinct from many of those of Western
Europe, which have codes derived from Roman law.
(3) European Community
law, which applies throughout Britain, is confined mainly to economic and
social matters; in certain circumstances it takes precedence over domestic
law. It is normally applied by the domestic courts, but the most
authoritative rulings are given by the Community's Court of Justice.
(1) The
judiciary is independent
(2)
The Lord Chancellor is head of the judiciary, except in Scotland. His
responsibilities include court procedure and the administration of
courts
(1) Summary or
less serious offenses, which make up the vast majority of criminal cases,
are tried in England and Wales by unpaid lay magistrates - justices of the
peace (JPs), although in areas with a heavy workload there are a number of
full-time, stipendiary magistrates. More serious offenses are tried by the
Crown Court, presided over by a judge sitting with a jury. The Crown Court
sits at about 90 centers and is presided over by High Court judges,
full-time 'circuit judges' and part-time recorders.
(2) Appeals from
the magistrates' courts go before the Crown Court or the High Court.
Appeals from the Crown Court are made to the Court of Appeal (Criminal
Division). The House of Lords is the final appeal court in all cases.
(1) Magistrates'
courts have limited civil jurisdiction. The 286 county courts have a wider
jurisdiction; cases are normally tried by judges sitting alone. The 80 or
so judges in the High Court cover civil cases and some criminal cases, and
also deal with the appeals. The High Court sits at the Royal Courts of
Justice in London or at 26 district registries. Appeals from the High
Court are heard in the Court of Appeal (Civil Division), and may go on to
the House of Lords, the final court of appeal.
(1) Tribunals are a
specialized group of judicial bodies, akin to courts of law. They are
normally set up under statutory powers which also govern their
constitution, functions and procedure. Tribunals often consist of
laypeople, but they are generally chaired by someone who is legally
qualified. They tend to be less expensive, and less formal, than courts of
law.
(2) Independently of the executive, tribunals decide the rights
and obligations of private citizens towards one another or towards a
government department or other public authority. Important examples are
industrial tribunals, rent tribunals and social security appeal
tribunals.
(3) In many cases there is a right of appeal to a higher
tribunal and, on points of law, to the courts. Tribunals do not normally
employ staff or spend money themselves, but their expenses are paid by the
government departments concerned. An independent Council on Tribunals
exercises general supervision over many tribunals.
(1) The Court of
Justice consists of 13 judges. It interprets and adjudicates on the
meaning of the treaties and on measures taken by the Council of Ministers
and the Commission. It also hears complaints and appeals brought by or
against Community institutions, member states or individuals and gives
preliminary rulings on cases referred by courts in member states. It
represents the final authority on all aspects of Community law.
(2) The
Single European Act of 1986 provided for a Court of First Instance to
relieve the Court of Justice of a substantial part of its workload. The
new court began working in 1989.