ВУЗ:
Составители:
Рубрика:
27
Temple. The four Inns of Court, law colleges, date from the middle ages
and have maintained their autonomy and privileges, and been more re-
sistant to attempts at reform than any other British institution.
Barristers (professional advocates) have two main functions: first,
to give specialised advice on legal matters and, secondly, to act as ad-
vocates in the higher courts. Most sections of the general public cannot
approach a barrister directly, but must be introduced by a solicitor.
In order to become a barrister, one must have a university degree,
plus additional professional examinations organised by the Council of
Legal Education. He will then become a member of one of the four Inns
of Court to complete the training in the law and in the skills required to
argue a case in court and pass the Bar examinations. The student must
dine in his Inn for a number of terms before being accepted as a barris-
ter or 'called to the Bar'. A newly qualified barrister will then join the
'chambers' of an established barrister and slowly build up experience
and reputation as an effective advocate in the higher courts.
Barristers are self-employed individuals who practise the law
from chambers (or offices), together with other barristers. The barrister
career starts as a 'junior' handling minor cases (or briefs). He or she may
have difficulty in earning a reasonable living or in becoming established
in the early years of practise, with the result that many barristers drop
out and enter other fields. However, should the barrister persist and
build up a successful practice as a junior, in due course he or she may
then become a Queen's Counsel (QC), known within the profession as
'taking silk'. A QC is a senior barrister who can charge higher fees for
his work but who is then excluded from appearing in lesser cases. In
practice, some successful barristers decide not to take the gamble, but
remain as juniors. However, the appointment as a QC may lead to a fu-
ture position as a judge, and it is regarded as a necessary career step for
the ambitious.
Judges
The judges constitute the judiciary, or the third arm of the consti-
tutional system in the UK. There are a relatively small number of judges
of various ages, and they are located in most large cities and in the
higher courts in London. As there is no judicial profession in England,
all judges are usually appointed from the ranks of senior barristers, al-
though advocates or solicitors have now become eligible for some of
28
the lower positions. Some become circuit judges, of whom there are
about 300, assigned to county courts throughout the country. Above
these there are about 50 High Court judges who deal with more impor-
tant or difficult cases around the country, and about 30 other judges, all
of whom belong to one of the divisions of the High Court of Justice.
The highest appointments are made by the Crown on the advice of the
Prime Minister, and lower positions on the advice of the Lord Chancel-
lor.
Other appointments of judges are supposedly made on non-
political grounds. Once appointed, senior judges cannot be in practice
removed from office until the retiring age of 75. It is often argued that
judges should be more easily removable from office. But the existing
measures have been designed to ensure the independence of the judici-
ary and its freedom from political involvement.
Some people feel judges to be socially and educationally elitist
and remote from ordinary life. They are usually safe, conventional peo-
ple and generally tend to support the accepted wisdom and status quo,
and are overwhelmingly male.
The judiciary tends to be old in years because judgeships are
normally awarded to senior practising lawyers, and there is no career
structure that people may join early in life. A lawyer's income will often
be greatly reduced on accepting a judgeship, but the honour and added
security are supposed to be some compensation. There are promotional
steps within the judiciary from recorder to circuit judge to high court
judge, and thence to the Court of Appeal and the House of Lords.
Administration of the Legal System
Responsibility for the administration and management of the
English legal system is divided between various government depart-
ments and agencies.
The Lord Chancellor is the head of the legal system and profes-
sion, he selects judges, QCs and magistrates and may preside over the
Law Lords if he so wishes. Secondly, he is the presiding officer
(Speaker) of the House of Lords, theoretically responsible for discipline
in the House. Finally, he is a senior minister (a political appointee of the
sitting government), the Cabinet member and the government's chief
legal advisor heading a government department, the Lord Chancellor's
Temple. The four Inns of Court, law colleges, date from the middle ages the lower positions. Some become circuit judges, of whom there are
and have maintained their autonomy and privileges, and been more re- about 300, assigned to county courts throughout the country. Above
sistant to attempts at reform than any other British institution. these there are about 50 High Court judges who deal with more impor-
Barristers (professional advocates) have two main functions: first, tant or difficult cases around the country, and about 30 other judges, all
to give specialised advice on legal matters and, secondly, to act as ad- of whom belong to one of the divisions of the High Court of Justice.
vocates in the higher courts. Most sections of the general public cannot The highest appointments are made by the Crown on the advice of the
approach a barrister directly, but must be introduced by a solicitor. Prime Minister, and lower positions on the advice of the Lord Chancel-
In order to become a barrister, one must have a university degree, lor.
plus additional professional examinations organised by the Council of Other appointments of judges are supposedly made on non-
Legal Education. He will then become a member of one of the four Inns political grounds. Once appointed, senior judges cannot be in practice
of Court to complete the training in the law and in the skills required to removed from office until the retiring age of 75. It is often argued that
argue a case in court and pass the Bar examinations. The student must judges should be more easily removable from office. But the existing
dine in his Inn for a number of terms before being accepted as a barris- measures have been designed to ensure the independence of the judici-
ter or 'called to the Bar'. A newly qualified barrister will then join the ary and its freedom from political involvement.
'chambers' of an established barrister and slowly build up experience Some people feel judges to be socially and educationally elitist
and reputation as an effective advocate in the higher courts. and remote from ordinary life. They are usually safe, conventional peo-
Barristers are self-employed individuals who practise the law ple and generally tend to support the accepted wisdom and status quo,
from chambers (or offices), together with other barristers. The barrister and are overwhelmingly male.
career starts as a 'junior' handling minor cases (or briefs). He or she may The judiciary tends to be old in years because judgeships are
have difficulty in earning a reasonable living or in becoming established normally awarded to senior practising lawyers, and there is no career
in the early years of practise, with the result that many barristers drop structure that people may join early in life. A lawyer's income will often
out and enter other fields. However, should the barrister persist and be greatly reduced on accepting a judgeship, but the honour and added
build up a successful practice as a junior, in due course he or she may security are supposed to be some compensation. There are promotional
then become a Queen's Counsel (QC), known within the profession as steps within the judiciary from recorder to circuit judge to high court
'taking silk'. A QC is a senior barrister who can charge higher fees for judge, and thence to the Court of Appeal and the House of Lords.
his work but who is then excluded from appearing in lesser cases. In
practice, some successful barristers decide not to take the gamble, but Administration of the Legal System
remain as juniors. However, the appointment as a QC may lead to a fu-
Responsibility for the administration and management of the
ture position as a judge, and it is regarded as a necessary career step for
English legal system is divided between various government depart-
the ambitious.
ments and agencies.
Judges
The Lord Chancellor is the head of the legal system and profes-
The judges constitute the judiciary, or the third arm of the consti-
sion, he selects judges, QCs and magistrates and may preside over the
tutional system in the UK. There are a relatively small number of judges
Law Lords if he so wishes. Secondly, he is the presiding officer
of various ages, and they are located in most large cities and in the
(Speaker) of the House of Lords, theoretically responsible for discipline
higher courts in London. As there is no judicial profession in England,
in the House. Finally, he is a senior minister (a political appointee of the
all judges are usually appointed from the ranks of senior barristers, al-
sitting government), the Cabinet member and the government's chief
though advocates or solicitors have now become eligible for some of
legal advisor heading a government department, the Lord Chancellor's
27 28
