3.6: The Monarchy and The Law Flashcards

1
Q

What is a constitutional monarchy?

A

A monarchy in which the monarch’s power is limited by a constitution

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2
Q

Monarchy differences between the NL and Britain?

A

NL: Written constitution
Britain: Unwritten law

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3
Q

Why are the powers seperated?

A

The idea behind the seperation of powers (execution, legislative, and judicial) is that there will be no tyranny/abuse of power by a particular party.

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3
Q

Why was Queen Victoria a “modern monarch”?

A

Queen Victoria was the first monarch who did not use all of her power.

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3
Q

What was the “constitutional succession crisis”?

A

In 1963 King Edward VIII glamorous figure
who wanted to marry an American woman who was twice-divorced (!!!)
This was unacceptable for government & the church – abdicated/renounced from throne
As a result, George VI (Elizabeth’s father) became king
and Elizabeth next in line for the throne

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4
Q

BRITISH seperation of powers (theoretically/in practice)

A

Theoretically: The British Monarch holds all power (plus power over the church).
In practice: The UK is a democratic state.

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5
Q

Elizabeth II’s ascension to the throne

A

THought to be a New Elizabethan Era (due to the name!)
Reassertion of the values of
the British establishment
* Accession to the throne was in 1952
* Her reign was a rough ride
* 60s and 70s: traditional deference/submission was in decline
* 90s: economic difficulties

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6
Q

Elizabeth II’s Public Image and Popularity

A

Commitment to her royal duties
* Resilience + adapted to new(er) times
* She had a sense of what her people wanted from her:
-> Coronation was televised, to share it with
her people (20 million viewers) 1953
-> Traditional event with costumes, horses
lords etc. The Queen’s first televised Christmas message

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7
Q

Platinum Jubilee of Elizabeth II’s reign

A
  • On 6th February 2022: 70 years of service
  • Celebrations and events throughout the year
  • Final party: free bank holiday weekend 2-5th June 2022
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8
Q

The Commonwealth

A

Monarch of the Commonwealth realms
-> 56 Commonwealth nations, of which 15 are Commonwealth realms (still recognise British Monarch as the head of state)
Examples: Papua New Guinea, Australia, The Bahamas, Saint Lucia

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8
Q

Info on King Charles III

A

Ascension: September 8th of 2022
Married Diana in 1981
- Prince William and Prince Harry
- 1992 - seperated
- 1996 - divorced
- 1997 - Diana’s death

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9
Q

Commonwealth Day 2025

A

24th of March

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10
Q

King Charles III: Remarriage

A

Married Camilla Parker Bowles in 2005
* Camillagate – “The Other Woman”
* The Queen did not approve of her: absent on their wedding, did however host a reception on that day.
* Goal to win over the public

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11
Q

What is the duty of the Royal Family?

A

Main role: Support the monarch
Includes: International relations with the Commonwealth etc etc.

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12
Q

Queen Elizabeth II Ascension Day Message to King Charles III

A

“And when, in the fullness of time, my son Charles becomes King, I know you will give him and his wife Camilla the same support that you have given me; and it is my sincere wish that, when that time comes, Camilla will be known as Queen Consort as she continues her own loyal service.”

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13
Q

Royal Troubles

A

Prince Andrew: Relations with minor and Jeffrey Epstein - Stripped of Royal Titles
Megan and Harry: Megxit, interviews, documentary

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14
Q

Royal events: Changing of the Guards

A

Highly trained soldiers

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15
Q

Royal events: Coronations

A

Ascension to the throne

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16
Q

Royal events: Trooping the Colour

A

When the monarch inspects the (banners of) the troops. March past the Monarch. Show for the peoples.

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17
Q

Royal Castles in the United Kingdom

A

Windsor Castle = Official country residence, Balmoral Castle = Death place of Queen Elizabeth II, Sandringham = Christmas celebrations, Buckingham = The office.

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17
Q

Royal events: Royal Weddings

A

Heavily televised nowadays

18
Q

Royal events: State Opening of Parliament

A

In the new year of Parliament.
Summoning of the House of Commons by the Black Rod. (Because of the history with King Charles). There will be a speech (plans for the year) from the monarch that is written for them by Parliament.

19
Q

The Royal Family Name

A
  • The royal family was originally called Saxe-Coburg and Gotha
  • After WWI there was an anti-German sentiment int he country
  • Georgy V officially changed the name to Windsor (after the castle)
20
Q

Arguments against the Monarchy

A
  • Popularity of the royal family waxes and wanes.
  • Arguments against: Expensive, Source of scandal, Anachronism: a person or a thing that is chronologically out of place
  • However: the Queen herself was particularly respected for
    working so hard for so many years.
    [VIDEO]
21
Why does Britain still have a Royal Family when some people are against?
- Tradition - Influence towards international relations - Magnet for tourism and trade deals - Fashion icons - Stabe element of the country
22
What, then, is the role of the British Royal Family?
Theoretically * A final check against the abuse of power by the government In practice * Provides stability * A figurehead for people to look up to * Financial gain * Ceremonial duties
23
Ridiculous Laws in Englanf in effect today
* It's illegal to be drunk in a pub. * It's illegal to carry a plank of wood along a pavement. * It’s illegal to knock on someone's front door and run away. * It's an offence to handle a salmon and look at all suspicious.
24
Why is keeping track of laws in the UK hard?
There is no true "Book of Law" in the UK.
25
The English Legal System
Note: England, Wales and Northern Ireland → Scotland has a different system - Roman Law; Book fo Law vs. Common Law; Oral Law - Grouped countries by law!
26
What is the idea of Common Law?
* Judges create common law by delivering written judgements about the cases before them * Principle: it’s unfair if similar cases are judged differently * Precedents
27
The structure of the Courts! (Simplified version!)
CRIMINAL ---- vs ----- CIVIL CRIMINAL: Court of Appeal, Crown Court, Magistrates' Court CIVIL: (Court of Appeal, High court of Justics, County Courts)
28
! What are the 2 sources of English Law?
* [NEW!] Legislation (Acts of Parliament) * Case law (Precedent for the next case) NOWADAYS: only judges in Supreme Court (highest court!) can create precedents
29
The Magistrates’ Court
95% of all criminal cases tried here. Most smaller ones are tried here (minor offenses). * Typical of common law system * Cases tried by ‘bench’ of 3 magistrates: ------ Lay judges - Known as Justices of the Peace (JPs) ------- Local citizens of good character -------- Advised by the clerk – who does have legal training. * Move to the Crown Court (next level up) if the crime is too serious. Or appeal to Crown Court if you disagree with the sentence * Video
30
The Magistrates' Court
CRITIQUE: * Unpaid: expenses only → JotPs are relatively wealthy people * Too far removed from society * Little diversity (has changed nowadays)
30
The Crown Court
(Deals with more serious offenses: Say... Murder) Consists of: Judhge and the Jury (12 people)
31
The Crown Court: The Judge
Judge * Controls proceedings * Interprets the law * Sentences the accused (the punishement) * Doesn’t decide on guilt
32
The Crown Court: The Jury
* 12 people chosen at random from the electoral roll (justice by lay people). * Decide if the defendant is guilty or not guilty (verdict) * Decision must be at least 10:2. (If not, the case will be discussed again and again....)
32
The Crown Court: Critiques against
Critique * Thought to be too lenient → you don’t want to convict the wrong person * Cases are increasingly complicated * People try to get out of jury service
33
The SUpreme Court
The Highest Court in Britain * Hears appeals from the Court of Appeal * Cases of the greatest public or constitutional importance only * Role in development of common law * 12 Justices of the Supreme Court in total (JUDGES) * In operation since 2009 [Examples: Royal Family, politicians]
33
The Old Bailey
The Crown Court in London. It deals with the MAJOR/IMPORTANT criminal cases. Costume: Decorum/role
34
The Court of Appeal
Court of Appeal * Hears appeals from the Crown Court * Case is heard by 3 Lord Justices (JUDGES) of Appeal
35
The Legal Profession divide in two:
Solicitors and Barristers
36
Legal profession: Solicitors
* Can present cases in the lower-level courts only (Magistrates’ Court) * Direct contact with client and draw up legal documents (contracts, wills, divorce papers, etc.) (“Notaris” in Dutch) * Direct contact with the client
37
The difference/border betweent he two legal professions
Is becoming less clear
38
Legal profession: Barristers
* May present cases at all courts * Specialise in particular areas of law * Belong to an Inn of Court
38
Scottish Law: Differences with English system
* Legal profession is not split: advocates * Jury has 15 members 3 possible verdicts: ---- Guilty ---- Not guilty and ---- Not proven (???)
39
What can senior barristers do?
Become part of KCs – King’s Counsel * Senior barristers (more than 10 years of experience) * Special silk gown * May become a judge
40
Scotland: Law
Has it's own legal system, Closer to the Dutch system (Roman Law)
41
The police: Tasks
Task: law enforcement Stereotype: local bobby on the beat Robert (Bobby) Peel → Metropolitan Police (1829, Greater London area)
42
The police: These days
* Changed the look (uniform) * Increasingly armed * Less respected by the public
43
Law Enforcement in the UK
* The MET (Metropolitan) is the police service for Greater London (Except the city) * Scotland Yard is the headquarters of the Metropolitan Police * MI5 protects UK to threats of National Security * MI6 is the foreign intelligence service
44
The GCHQ
* The Government Communications Headquarters (GCHQ) provides intelligence, protects information and informs relevant UK policy to keep society safe and successful in the internet age. * The Doughnut in Cheltenham * Started after WW1 - 'Government Code and Cypher School' * Breaking the Enigma codes (Alan Turing)