What you need to know (Anglais juridique S2, M.Cudicio 2025)

The Laws in Wales Acts 16th century

The acts by which England annexed the princedom of Wales, creating the kingdom of England and Wales.

The Acts of Union 18th century

Joined Scotland to the kingdom of England and Wales, thus creating “The United Kingdom”.

The Acts of Union 19th century

Joined Ireland to the United Kingdom, thus uniting GB and Ireland.

The Government of Ireland Act 1920

Partitioned Ireland, thus creating Northern Ireland, capital Belfast, which remained within the Crown, and the Republic of Ireland, capital Dublin, which gained its independance from the United Kingdom.

The Commonwealth of Nations

A voluntary association of 56 independent and equal countries accounting for 2.5bn people pursuing peace, freedom and progress. Initially formed by 8 countries : Australia, Canada, India, New Zealand, Pakistan, South Africa, Sri Lanka and the UK. Headed by the monarch who is also the head of state of 14 realms like Australia or Canada.

1973-2020

The UK’s membership to the EU

Devolution

Implemented by the Blair government in 1998. The transfer of power from a central authority to its periphery. In Britain, it resulted in the creation of devolved legislative bodies in Scotland, Wales and NI along with an executive body headed by a First Minister. In England, it resulted in the creation of directly-elected mayors in major cities like London or Birmingham

General election

Held every 5 years, the process by which the House of Commons is renewed in full. Electoral process based on the First-Past-The-Post system, which gives victory to the candidate with the most votes after only one round. (scrutin uninominal à un tour).

Common law

Based on case law (judge-made law) or stare decisis (the doctrine of precedent, “to stand by the things already decided”), composed of precedents, legal rulings are binding on courts of a lower level. The legal practice that became common under Henry II (late 12th century)

Ratio decidendi

The reasoning behind the judge’s decision

Obiter dicta

Additional observations made by the judge with no binding effect. Plural.

3-tier judicial system

The result of the creation of the Supreme Court in 2005 after the 12 Law Lords of the Appellate Committee of the House of Lords became the 12 justices of the UK Supreme court (the three tiers are 1. high court 2. court of appeal 3. supreme court)

The European Union Withdrawal Agreement Act 2020

The final step of the withdrawal process of the UK from the EU after the 2016 Brexit referendum held by the Cameron government, whose aim was to answer the growing anti-European sentiment within the Conservative party

Writ (now claim)

Court order paid by a plaintiff for his case to be heard in court, each writ corresponding to a particular legal claim. Replaced by the word ‘claim’ by the Civil Procedure Rules 1999 (Action en justice)

Inns of Court (Inner Temple, Middle Temple, Gray’s Inn, Lincoln’s Inn)

Training centers for lawyers located in London. Provide books, offices and lodgings for practising barristers

Lawyer, solicitor, barrister, attorney

Lawyer is a generic term (juriste). Solicitor is a term for lawyers who can only give advices. Has rights of audience in lower courts only provided by the Courts and Legal Services Act 1990. Belongs to the Law Society. The solicitor then can instruct a barrister, who’s the only lawyer allowed to represent clients in court (advocacy, right of audience), especially in superior courts. A barrister belongs to the Bar Association. He does litigation work. He must join one of the 4 Inns of Courts (Inner Temple, Middle Temple, Gray’s Inn, Lincoln’s Inn). An attorney is a term for a barrister that is specialized in a particular court (not all barristers can call therselves attorney, but all attorney are barristers).

Remedy

Damages and interests.

Lord Chancellor

The title of the Justice Minister, in charge of the monarch’s judicial power

Chancellor of the Exchequer

Title of the Finance Minister, imported by William the Conqueror

Equity

In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.

The Supreme Court of Judicature Acts 19th century

Merged the former courts of common law and equity into one set of courts

Precedent

The practice of a higher court with a binding effect on lower courts. Can be overruled only by a higher court. Only the Supreme Court can overrule its own rulings.

King’s Counsel KC

Previously Queen’s Counsel QC, a very senior barrister recognised as an expert and leader in their legal field. Taking silk means being appointed KC as they wear a silk gown.

Notary

A lawyer who authenticates and certifies documents and signatures.

Bachelor of Law BL

Also abbreviated in LLB for Legum Baccalaureus, the degree necessary to become a barrister or a solicitor

Pupillage

The training period of a barrister.

Uncodified/unwritten constitution

The UK constitution, often described as unwritten, is more precisely to be qualified as uncodified, because it is the collection of documents such as Magna Carta 1215, Habeas Corpus 1679 or the Bill of Rights 1689, the various Acts of Parliament, but also customs and conventions.

Sources of the British constitution

Conventions and customs; common law and case law; authoritative works; statute law like Magna Carta 1215, the Petition of Rights 1628, Habeas Corpus 1679, and all acts of Parliament.

Magna Carta 13th century

Sealed - not signed - by John Lackland in 1215 at Runnymede at the request of his barons to force him to recognise that even the king was not above the law.

Habeas Corpus 17th century

Forbids arbitrary arrests and detentions and requires that a prisoner be brought before a judge and/or jury and that evidence be presented showing why they are ‘properly detained’

The Bill of Rights 17th century

Does not grant fundamental individual liberties like its American equivalent. Deals instead with the relations between Crown and Parliament. Re-established the authority of Parliament over the sovereign in the wake of the Glorious Revolution 1688-89.

The Rule of law

(Etat de droit) The restriction of power by well-defined and established laws. The pillar of British democracy.

Parliamentary sovereignty

The power of the British parliament and the most important concept in British constitutional law. Defined as the authority to make its own laws, repeal those passed by previous parliaments and thus prevent the newly-elected parliament from being bound by the actions of a predecessor government.

The Human Rights Act 1998

Incorporated into UK law the European Convention on Human Rights 1951.

The Devolution Acts 1998

Implemented devolution in the UK

The Greater London Authority Act 1999

Provided for the direct election of a mayor for London.Will later inspire the election of a mayor in the 12 largest British cities like Birmingham or Manchester through the Local Government Act 2000

The House of Lords Act 1999

Allowed to reduce the number of lords from 1,330 in October 1999 to 669 in March 2000, while keeping 92 hereditary peers.

The Constitutional Reform Act 2005

Replaced the Appellate Committee of the House of Lords by the UK Supreme Court.

The Fixed Term Parliaments Act 2011

Provided for general elections to be held every 5 years, beginning in 2015.

The Succession to the Crown Act 2013

Put an end to the male primogeniture principle which barred women from becoming monarchs unless – as was the case with Elizabeth II – the royal couple only had daughters.

The Sovereign Support Grant

Formerly called the Civil List, the amount of money granted by Parliament to the monarch to exercise his/her duties.

Royal prerogatives

Executive powers belonging to the monarch but delegated to the government or other public bodies.

Royal assent

The monarch’s approval for a bill to become an Act of Parliament.

The Crown Prosecution Service

Prosecutes criminal cases investigated by the police and other investigative authorities in England and Wales.

Fount of justice

Justice is rendered in the name of the monarch.

Fount of honour

The monarch honors commoners with knighthood in recognition for their public service.

The Order of the Garter

The oldest and most senior order of chivalry in Britain. Celebrated every year with a procession and service in the grounds of Windsor Castle. Composed of the monarch called the Sovereign of the Garter, several senior members of the Royal Family and 24 knights. Founded in 1348 by Edward III, who wanted to have his own group of knights as in the tales of King Arthur and the Knights of the Round Table.

To be in the presence

When you are with the monarch.

To kiss hands

When the monarch asks you to form a government in his/her name.

Parliament sovereignty

Parliament derives its power from the people. This is the paramount principle of British democracy. It places parliament as the supreme law-making body, which implies that parliament may overrule any judge-made law. No person or body, including a court of law, may question the validity of parliament’s enactments

The Dignified and the Efficient

Describes the monarch as the dignified part of power and the PM as the efficient one. Also implies that the monarch is above the fray as PM come and go.

Bicameralism

Originates from the 14^th century.

The House of Commons

The lower chamber of the British parliament, where bills are introduced in the first place. Has a representative nature as it is composed of 650 commoners. Chaired by the Speaker of the House. The more powerful of the two houses of parliament.

The House of Lords

The upper chamber of parliament, whose members are not elected but appointed by the monarch on the advice of the PM.

The Parliament Act 1911

Removed the House of Lords' right to refuse a Bill passed in the Commons - except Bills that proposed to extend the life of Parliament.

The Parliament Act 1949

Reduced the Lords' ability to delay a Bill passed in the Commons from two years to one year.

The Life Peerages Act 1958

Permitted creation of peerages for life to persons of either sex, with no limit on numbers.

The Peerage Act 1963

Allowed hereditary peerages

The House of Lords Act 1999

Removed the right of all but 92 hereditary Peers to sit in the House of Lords by virtue of an inherited peerage.

The Constitutional Reform Act 2005

Removed the judicial functions of the House of Lords from Parliament and set up a new, independent Supreme Cour

Constituencies

circonscriptions électorales The country is divided into 650 electoral areas.

by-election

An election that occurs between general elections, typically when a Member of Parliament (MP) resigns or can no longer serve.

Snap election

The same as a general election, but called before its due time for political reasons, as in 2017 by Theresa May or Boris Johnson in 2019.

Local elections

Always plural as it aims to elect councils and mayors.

Hung parliament

The odd situation when there is no majority in parliament after the general election. Implies the largest party has to form a coalition with another party to produce a majority. Also implies that the leader of the second largest party becomes deputy PM.

The First-Past-the-Post system

(scrutin uninominal à un tour)

Prorogation/to prorogue parliament

The action of discontinuing a session of parliament or other legislative assembly without dissolving it.

Frontbenchers

Those MPs who sit on the benches in front in the House of Commons whether on the right-hand side of the Speaker of the House (the Cabinet) or on the left-hand side (the Shadow Cabinet).

Backbenchers

Those who sit behind frontbenchers therefore not holding any official position in the government or in the Shadow cabinet.

Crossbenchers

Those who belong to no particular party and sit on the benches which cross the chamber.

The majority

The largest party in parliament, whose members are seated to the right of the Speaker of the House of Commons.

The opposition

The second-largest party in parliament, whose members are seated to the left of the Speaker of the House of Commons, thereby opposite the majority.

The Chief Whip

Reports to the PM on the general opinion within the party, informs the PM in case of tension or disagreement. Tells the MPs of the party how to vote and motivates them to attend voting sessions.

A three-line whip

An injunction underlined three times sent to MPs to inform them that their attendance is compulsory on a particularly crucial vote.

Green Paper

A consultation document presenting a new bill.

White Paper

The Green Paper after it has been amended or improved.

Readings

The stages which any bill goes through in both chambers of parliament.

Crown-in-Parliament

The symbolical third element of the British parliament with the House of Commons and the House of Lords. Refers to the monarch giving his/her royal assent for a bill to become an Act of Parliament and to the State Opening of Parliament by the monarch.

The royal mace

The symbolical presence of the monarch in the House of Commons without which no session is possible.

The King’s Speech (formally the Queen’s Speech)

The speech delivered by the king (formally the queen) before all the members of the two houses of parliament in the House of Lords. Written by the PM. Sets out the political agenda of the majority for the coming parliamentary term (the period between two general elections).

Hereditary peers

Those peers who hold a title transmittable to their son when they die. Their number was greatly reduced after the House of Lords Act 1999 reduced membership of Lords from 1,330 to 669 and requiring there should be only 92 hereditary peers left.

Life peers

A new category of peers created by the Life Peerages Act 1958. Life peers hold their title for a lifetime, which implies that it is not transmittable. Life peers are appointed by the monarch on the advice of the PM. The vast majority of lords today.

Law lords

Removed from the House of Lords after the Constitutional Reform Act 2005 creating the UK Supreme Court. The 12 of them are now called justices as in the US.

Lords spiritual

The 26 bishops who hold office in the House of Lords by virtue of their ecclesiastical role.

Fusion of powers

Powers are not strictly separated as in the US. The PM, at the head of HM’s government, is an MP first and exerts royal prerogatives delegated to him/her by the monarch. The monarch belongs to the 3 branches of power: legislative through the royal assent, executive as the PM is at the head of HM’s government, and judiciary as justice is rendered in HM’s name, being fount of justice.

HM’s government

The PM becomes head of government after being appointed by the monarch. Only the monarch can say ‘my government’, which precisely opens every sentence of the King’s speech (formally the Queen’s speech).

Secretary of State

A minister, appointed by the monarch on the advice by the PM.

Department of State

A ministry, headed by a secretary of state.

Cabinet reshuffle

When the PM decides to reorganize his/her cabinet.

Cabinet Room

The room where the Cabinet meets every Tuesday to discuss the big issues of the day. Formally called the Council Chamber. All Cabinet members are serving MPs or Lords.

The Home Secretary

The Interior minister, at the head of the Home Office.

The Foreign Secretary

The Foreign Affairs minister, at the head of the Foreign Office.

Privy Council

Originally the executive arm of English government from as early as the 13^th, although its powers declined as political authority shifted to the Cabinet in the late 17^th and early 18^th centuries. Formally remains an advisory body to the monarch and its members, appointed for life by the monarch on the advice of the PM, are known as Privy Counsellors. Meetings take place once a month on average.

Civil Service

The permanent professional branches of a state’s administration, excluding military and judicial branches and elected politicians (la function publique).

Holyrood

The Scottish parliament by metonymy located in Edimburgh

The Senedd

Welsh word referring to the Welsh Assembly now called parliament located in Cardiff. Its members are called Members of the Senedd MSs

The Scotland Act 1998

Created the Scottish parliament. More accurately reopened the Scottish parliament after it was closed with the Acts of Union 1707 uniting England and Scotland. Its members are called Members of the Scottish Parliament MSPs. The Scottish parliament goes with an executive body headed by the First Minister.

The West Lothian Question

Refers to the perceived imbalance between the voting rights in the House of Commons of MPs from Scottish, Welsh and Northern Ireland constituencies and those of MPs from English constituencies. Clearly a Scottish MP can vote on education-related matters regarding England whereas MPs cannot vote on education-related matters regarding Scotland as education is a devolved matter.

Home Rule

Political autonomy for Ireland

War of Independence 1919-1921

In the general election of December 1918, the pro-independence Sinn Féin (the Irish for ‘Ourselves Alone’) won a landslide victory. Refusing to sit in Westminster, Sinn Féin MPs instead set up the first Dail Eireann, the Irish parliament in Dublin. Progressively the situation deteriorated, leading to the War of Independence.