Common law

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Ireland:

Ireland is the first english colony (1150). In 1801: Ireland is officially included in UK.

In 1920 the "Partition": Nothern Ireland and Southern Ireland are autonomous territories in the UK and in 1922 Southern Ireland became independant in the name of "Irish Free State" (in 1937 Ireland or Republic of Ireland, or Eire). There is a problem that concern the Brexit, if UK leave the EU, the question of the frontiers, the development or not of checkpoints to pass without passport.

Nothern Ireland remained in the UK.

1970's: rise of nationalism in Scotland and Wales probably caused by the economic and industrial crisis. Labour government proposes to create parliaments for the Scottland and Wales (with Scotland Act and Wales Act 1978). They wanted autonomy and political independence.

In 1979: referundum for or against thoses Act:

- 51,6% are in favor but it's represented only 32,9% of the electorate (because no enough people voted, the referundum needed 40% of the electorate) so it's not applied in Scotland.

- In Wales: 79,7% against => not applied because the national sentiment was, at this time, not strong.

In 1997: a new referundum on devolution to decentralise the power that was in London (the mayors have less power than the mayor in France):

- Scotland 74,3% in favor

- Wales 51% in favor, the referundum took place one week after the Scotland referundum because they knew that the result in Wales would be very incertain, so the big victory in Scottland can influence the Welshs in theirs votes.

So after theses referundums a Scottish Parliament (in Edinburgh founded in 1998) and a National Assembly for Wales (in Cadiff also founded in 1998) were create.

- to found = fonder / different de to find = trouver

Theses two news institutions have devolved powers when London keep reserved powers:

In Scottland, the Scottish Parliament has devolved matters (pouvoirs délégué par Londres) in the agriculture, fisheries and forestry, economic development, education, environnment, healthcare, home affairs, Scots law (courts, police, fire services), local gouvernment, sport, art, transportn tourism, research...

The London Parliament has reserved powers. It keep control in the civil service (service public), in the defense, foreign affairs, energy (In Scottland Oil was found in this period and London wanted to exploite this, and there is a lot of rivers), employment, economic and fiscal policy, social security.

The referundum over Scottish independence 18 Sept 2014. There are two campaigns: in favor "Yes Scottland" and against " Bettertogether".

The "no" won by 55%.

Scottland will probably one day benefit from "devolvation max". Little by little Scottish parliament obtain more and more powers, for example the full fiscal autonomy (in the control of taxation and spending).

Vocabulary:

- To go to the polls: aller voter

- Polling station: bureau de vote

- Opinion poll: sondage d'opinion

- try to call to the polls: appeler aux urnes

- voting right: droit de vote

Parliament law is generally common to the whole country = British Law.

- Parliamentary legislation ay countain specific provisions (dispositions) for Scottland, Nothern Ireland or Wales.

England and Wales use common law

Scottland use Scots Law

Nothern Ireland uses Nothern Irish law

Procedures are different in England and Scotland.

Scots Law vs Common Law:

Habeas Corpus Act (1679) the English parliament voted the Protection of civil libertie and against arbitrary arrests. This act was voted before Scotland was united to England, in 1707 so technically it doesn't apply to Scotland.

But Scots Law guarantees civil liberties so have the same spirit of fairness and impartiality than the Habeeas Corpus Act (The Criminality Procedure Act of 1701).

- Droit pénal = criminal law

- A case = une affaire

- To try a case = juger une affaire

Second example: the procedures: Serious criminal cases are tried by a jury of both system but in England and Wales this is a jury of 12 members and at least 10 must agree on the decision (unanimity is need until 1967). Possible verdicts: guilty / not guilty (acquitted) / not guilty but guilty of a similar or less serious offence.

In Scotland the jury is of 15 members and the decision can be made by a simple majoriry of 8vs7.

Possible verdicts: guilty / not guilty / not proven (= acquitted).

Empire & Commonwealth:

English law also applied to overseas territories colonized by Britain 16-20th century.

The Empire started in the 16th century. The colony were USA, India, Africa, Australasia ...

In 1945 Britain ruled over 25% of the world's landmass. After the WW2 and during this period and the 70's there is a decolonization phenom with the development of nationalism wills.

200 territories under British control since 1600.

British colonies by 1945: Canada, Australie, India, and some Afriain's countries.

In all theses colonies British ruled, The common law everywere but not in Louisiana (Roman law system) or in Quebec).

The commonwealth of nations:

After the WW1 = rise of feeling of independence in the dominions (white colonies): Australia, New Zealand, Canada, Newfoundland, South