B804 - Jurisprudence and Judicial Authority Bill 2015

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Birchington
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B804 - Jurisprudence and Judicial Authority Bill 2015, TSR UKIP
Jurisprudence and Judicial Authority Bill 2015
An Act to establish a clear level of order among courts in the United Kingdom.




BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice
and consent of the Commons in this present Parliament assembled, in accordance
with the provisions of the Parliament Acts 1911 and 1949, and by the authority of
the same, as follows:-

1: Outline

To introduce four levels of courts in the United Kingdom
Level 1 courts will hold authority over all other courts in the system.

Article I - Civil Courts


1: Level 4

Court of Protection
i) Holds jurisdiction over the property, financial affairs, and personal welfare of people who lack the mental capacity to make decisions.
ii) May appeal directly to Level 3 courts.

2) County Courts
i) The highest court in a county.
ii) Each county will have one County Court.
iii) Jurisdiction over all matter not covered by the Court of Protection and Tribunal Courts.
iv) May appeal directly to Level 3 courts.

3) Tribunal Courts
i) Jurisdiction over labour law.
ii) May appeal directly to Level 3 courts.

Article II - Criminal Courts


1: Level 4

Crown Court
i) All criminal proceedings apart from;
Terrorism
Human Rights Law and European Union Law.
ii) May refer cases directly to Level 3 courts at the request of one party.
iii) May appeal directly to Level 3 courts.
iv) Every city will have a Crown Court.

Article III - Joint Civil and Criminal Courts

1: Level 4

Magistrates Court
i) All family proceedings.
ii) All criminal proceedings for people under the age of 21, except in cases of;
Terrorism
European Union Law and Human Rights Law.
iii) May appeal directly to Level 3 courts.
iv) May refer cases directly to Level 3 courts at the request of one party.

2: Level 3

High Court
i) All civil and criminal cases referred to it by Level 4 courts.
ii) Jurisdiction over Terrorism
iii) Jurisdiction over European Union Law and Human Rights Law.
May appeal directly to Level 1 courts.
European Union and the European Court of Human Rights will act in in guidance only.
iv) May appeal directly to Level 2 courts except in the cases stated in (1)iii.

3: Level 2

Court of Appeal
i) Deals with all cases referred to it by lower courts.
ii) May appeal its decisions with a Level 1 court.

4: Level 1

Supreme Court of the United Kingdom
i) Has supreme jurisdiction decision making authority all other courts.
ii) Has jurisdiction over all legal areas.

5: Definitions

Supreme in this bill may be interpreted as meaning the highest rank in the hierarchy of authority.

6: Commencement, Short Title, and Extent

This bill may be referred to as the Jurisprudence and Judicial Authority Bill 2015
This bill shall extend to the whole of the United Kingdom
This bill shall come into effect immediately once the changes required have been made in the courts.

Notes

The bill does is not radically different to the current situation, but by formally structuring some courts and having courts dedicated to specific types of cases the legal process can flow quicker clearing the backlog of cases.

This bill aims to set out a clear hierarchy of legal authority in the United Kingdom while dedicating courts to family and young people to ease the backlog of cases. The bill also removes the binding decision making power from overseas courts and installs it in the hands of British-based courts where legal standards are closely controlled.

To be clear, the Human Rights Act 1998 will remain and the European Convention on human rights will remain enshrined in law, but British courts will have supreme decision making power over cases concerning EU and Human Rights law.
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PetrosAC
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If I were still an MP, this would have my support. A good bill

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Tahret
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Aye.
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Jammy Duel
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Aye
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JoeL1994
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Aye, of course.
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Life_peer
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Why do you need so many different courts? Why not just a couple with different divisions, for example? The existing system is a huge mess but this is not much better.
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Saracen's Fez
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Nay. The international arbiters of the ECJ and ECHR are good things to have to keep the UK government in check.

What about the International Criminal Court, does that fit in here somewhere?
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toronto353
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I'm torn on this one. I support the aim of bringing some order and clarity to the court structure, but I'm with Life_peer on this one - it still feels quite cluttered.
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Actaeon
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What's the point in removing the authority of the ECHR if all legislation remains the same? Because the ECHR doesn't have high enough 'legal standards'?
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DanE1998
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I have no judicial experience. How does the currently system work?

Is the only change the exclusion of ECHR and ECJ and ICC?
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Aph
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Nay, we need tHE ECHR
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thehistorybore
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I can't see any massive improvement on the old ways, due to the cluttered nature of the bill, as others have said.

If it were more concise I'd support it in division.
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PetrosAC
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(Original post by Aph)
Nay, we need tHE ECHR
Read the last paragraph of the notes

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Aph
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(Original post by PetrosAC)
Read the last paragraph of the notes

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Yes but what's the point? Why take the power from the people who are more knowledgeable about the legislation? Countries should, as long as they exist, be answerable to external bodies otherwise the governments have too much power
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PetrosAC
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(Original post by Aph)
Yes but what's the point? Why take the power from the people who are more knowledgeable about the legislation? Countries should, as long as they exist, be answerable to external bodies otherwise the governments have too much power
It wouldnt enhance the power of the Govt, just the judiciary which isn't a bad thing as it would keep our Govt in check

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Aph
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(Original post by PetrosAC)
It wouldnt enhance the power of the Govt, just the judiciary which isn't a bad thing as it would keep our Govt in check

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Not really, because the government can give the judiciary guidance...
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PetrosAC
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(Original post by Aph)
Not really, because the government can give the judiciary guidance...
The judiciary dont have to listen though

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barnetlad
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There are bodies who have judicial or quasi judicial making powers, the main one I can think of is Employment Tribunals. Should they not fall within this framework as a Level 4 court?
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Tanqueray91
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I feel like this is slightly improved over the current system (albeit not a lot...) and so I wouldn't mind this... maybe simplify it more for a second reading, and then it'd definitely have my vote.
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James Milibanter
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I give this an "aye", it is a little cluttered but about as comprehensive as you could get, I imagine.
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