The Supreme Court and the United Kingdom's legal system

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Notes

Text 7 Queen and Australia

Read and translate the text.

Australia is a constitutional monarchy with the Queen as Sovereign. In the course of more than 57 years on the throne, The Queen has developed a very personal relationship with Australia through regular visits. She has travelled throughout the different states to meet people from all cultures, walks of life and regions of this enormous and fascinating country.

As a constitutional monarch, The Queen, by convention, is not involved in the day-to-day business of the Australian Government, but she continues to play important ceremonial and symbolic roles.

The Queen's relationship to Australia is unique. In all her duties, she speaks and acts as Queen of Australia, and not as Queen of the United Kingdom.

Today, under the Australian Constitution, legislative power is vested in a Federal Parliament consisting of The Queen, a Senate and a House of Representatives. Executive power is vested in The Queen and is exercisable by the Governor-General as The Queen's representative.

1. walk of life –занятие, профессия

1. Read and translate the following text.

2. Summarize “How does someone become a lawyer”?

In some countries in order to practice as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed.

A lawyer is a person who has become officially qualified to act in certain legal matter because of examinations he has taken and professional experience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs.

In England a lawyer must decide whether he wants to take the examination to become a barrister or a solicitor. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an articled clerk, during which time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.

England is almost unique in having two different kinds of lawyers (barristers and solicitors) with separate jobs in the legal system. This division of the legal profession is due mainly to historical causes. Each branch has its own characteristic functions and a separate governing body. The division has a number of significant impacts upon the judicial system. It is the main reason for the separation between civil and criminal courts. It also has a significant impact upon the judicial appointments.

The solicitor is the general practitioner, confined mainly to the office. The solicitor is the legal adviser of the public. Member of the public are able to call at a solicitor’s office and seek his advice in a personal interview. Solicitors do much of the initial preparation for cases which they then hand to barristers, as well as handling legal work which does not come before a court. Solicitors also have a right of audience in lower courts. Since 1994 they have been allowed to present cases in higher courts such as the court of Appeal. If the trial is to be heard in one of these, the solicitor normally hires the services of a barrister to argue his or her client’s case.

an articled clerk – юрист-практик или служащий конторы солиситора, выполняющий свою работу в порядке платы за обучение профессии солиситора

1. Read and translate the text.

2. Look through the text and find out what cases the Supreme Court deals with?

In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom.

The Supreme Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases. Additionally, it hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006. This jurisdiction was transferred to the Supreme Court from the Judicial Committee of the Privy Council.

The Supreme Court sits in the former Middlesex Guildhall, on the western side of Parliament Square. This new location is highly symbolic of the United Kingdom’s separation of powers, balancing judiciary and legislature across the open space of Parliament Square, with the other two sides occupied by the executive (the Treasury building) and the church (Westminster Abbey).

The Supreme Court also decides devolution issues that are issues about whether the devolved executive and legislative authorities in Scotland, Wales and Northern Ireland have acted or propose to act within their powers or have failed to comply with any other duty imposed on them.

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