…The main sources of law are common law, equity law, and acts of Parliament, but the weight of acts of Parliament has been steadily increasing, and the binding power of precedent has been weakening in recent years. For example, in criminal proceedings in England, more than 90% of criminal cases are handled by the Magistrates' Court, which is usually composed of about three magistrates who do not have legal qualifications, and the remaining serious crimes are handled by the Crown Court, which was established in 1971, and appeals from both courts are handled by the Criminal Division of the Court of Appeal. The judicial system enjoys high prestige and autonomy as the center of the rule of law, and while it retains traditions such as lay judges and juries, it has also been undergoing reforms such as state aid for litigation costs (introduced in 1949) and the abolition of the death penalty (1965). … *Some of the terminology that refers to "Crown Court" is listed below. Source | Heibonsha World Encyclopedia 2nd Edition | Information |
…主たる法源はコモン・ロー,衡平法,議会制定法であるが,議会制定法の比重は着実に増し,先例の拘束力も近年緩和されつつある。イングランドの刑事訴訟を例にとれば,刑事事件の9割以上が,通例法的専門資格のない3名程度の治安判事からなる治安判事裁判所Magistrates’ Courtで,残りの重大犯罪が1971年に発足した刑事裁判所Crown Courtで扱われ,両法廷からの控訴は控訴裁判所Court of Appealの刑事部でなされる。司法制度は法の支配の中心として高い威信と自律を享受し,素人判事や陪審員制などの伝統を残している半面,訴訟費用の国家扶助(1949導入)や死刑廃止(1965)などの改革も進められてきた。… ※「Crown Court」について言及している用語解説の一部を掲載しています。 出典|株式会社平凡社世界大百科事典 第2版について | 情報 |
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