AMERICAN AND BRITISH STUDIES

POLITICS, GOVERNMENT, AND LEGAL SYSTEM

Group: 3
TABLE OF CONTENTS
1. Political History .................................................................................................................................. 1
1.1. The UK: The Transferred Power from Monarchy to Parliament .............................. 1
1.2. The US ................................................................................................................................................. 2
1.2.1. Historical Origins .................................................................................................................. 2
1.2.2. The Place of State Government in American Federalism .................................... 2
1.2.3. Local Government ................................................................................................................. 3
2. Political Framework ......................................................................................................................... 3
2.1. The UK ................................................................................................................................................ 3
2.2. The US: The Constitutional Framework .............................................................................. 4
2.2.1. Federal Government ............................................................................................................ 4
2.2.2. The Separation of Powers ................................................................................................. 4
3. Legislative branch ............................................................................................................................. 5
3.1. The US ................................................................................................................................................. 5
3.1.1. Congress .................................................................................................................................... 5
3.1.2. Differences between the Chambers .............................................................................. 5
3.1.3. Powers and Functions of Congress ............................................................................... 5
3.2. The UK: Parliament ....................................................................................................................... 5
4. Executive branch ............................................................................................................................... 6
4.1. The US ................................................................................................................................................. 6
4.1.1. The Executive Branch .......................................................................................................... 6
4.1.2. The Executive Office of The President ......................................................................... 7
4.1.3. Qualifications for and Powers of the Presidency .................................................... 7
4.2. The UK ................................................................................................................................................ 8
4.2.1. Prime Minister ........................................................................................................................ 8
 4.2.2. Government Departments ................................................................................................ 8
5. Judicial branch .................................................................................................................................... 8
5.1. The US ................................................................................................................................................. 8
5.2. The UK ................................................................................................................................................ 9
6. The UK monarchy .............................................................................................................................. 9
7. How a Bill Becomes an Act of Congress ............................................................................... 10
7.1. The US .............................................................................................................................................. 10
7.2. The UK ............................................................................................................................................. 11
8. Political Party ................................................................................................................................... 11
8.1. The UK ............................................................................................................................................. 11
8.2. The US .............................................................................................................................................. 11
9. The Election ...................................................................................................................................... 13
9.1. The US: Presidential Election ................................................................................................ 13
9.2. The UK: Parliament Election .................................................................................................. 13
10. UK International Relations ...................................................................................................... 13
10.1. Foreign And Defence Policy ................................................................................................. 14
10.1.1. Foreign Policy.................................................................................................................... 14
10.1.2. Defence Policy ................................................................................................................... 15
10.1.3. Nowadays Role ................................................................................................................. 15
10.2. Empire And Commonwealth ............................................................................................... 16
10.3. The European Union (EU) .................................................................................................... 17
10.3.1. Accession ............................................................................................................................. 17
10.3.2. Exit ......................................................................................................................................... 17
10.4. Irish Republic and Northern Ireland ............................................................................... 18
11. US International Relations ....................................................................................................... 19
11.1. A Nation Apart? American Attitudes to World Affairs ............................................ 19
11.2. From Neutrality to Isolationism, 1776–1830.............................................................. 21
11.3. From Expansionism to Imperialism, 1783 – 1914 .................................................... 22
11.4. Isolationism And Internationalism, 1914 – 1945 ..................................................... 24
11.5. The Cold War Era, 1946 – 1992 ......................................................................................... 26
 11.5.1. Containment of Russia .................................................................................................. 26
11.5.2. Arms Race between The United States and Russia .......................................... 27
11.5.3. Development of the Hydrogen Bomb ..................................................................... 27
11.5.4. Space Exploration ........................................................................................................... 28
11.5.5. Fall of the Berlin Wall .................................................................................................... 28
11.6. The Sole Superpower in the Post-Cold War Era ......................................................... 28
11.7. The Foreign-Policy Establishment Debate.................................................................... 29
11.7.1. New Cold War: the US – China ................................................................................... 29
11.7.2. The US – Russia ................................................................................................................ 30
12. Legal System .................................................................................................................................. 30
12.1. The US ........................................................................................................................................... 30
12.2. The UK ........................................................................................................................................... 30
13. Court System .................................................................................................................................. 30
13.1. The US ........................................................................................................................................... 30
13.2. The UK ........................................................................................................................................... 32
13.2.1. Criminal Court .................................................................................................................. 32
13.2.2. Criminal Appeal Court................................................................................................... 33
13.2.3. Civil Court ........................................................................................................................... 33
13.2.4. Civil Appeal Courts in England and Wales ........................................................... 33
14. Sources of Law .............................................................................................................................. 34
14.1. The US ........................................................................................................................................... 34
14.2. The UK ........................................................................................................................................... 35
14.2.1. Common Law..................................................................................................................... 35
14.2.2. Statute Law......................................................................................................................... 35
15. Legal Profession ........................................................................................................................... 35
15.1. The US ........................................................................................................................................... 35
15.2. The UK ........................................................................................................................................... 36
15.2.1. Solicitor ................................................................................................................................ 36
15.2.2. Barristers ............................................................................................................................ 37
16. Crime and Punishment .............................................................................................................. 37
16.1. The US ........................................................................................................................................... 37
16.2. The UK ........................................................................................................................................... 38
16.3. Special Case Law to Demonstrate How US and UK Difference in Legal System
and Punishment ................................................................................................................................... 39
 Contents

1. Political History
1.1. The UK: The Transferred Power from Monarchy to Parliament
Early monarchy or political leaders in the four nations had considerable power,
but generally accepted advice and feudal limitations on their authority.
Magna Carta in 1215 restricted the monarch’s powers, increased aristocratic
influence; and stipulated that citizens should have fair trials.
Simon de Montfort in 1264 summoned a broader Parliament. These above
events built the foundation for representative democracy today.
The Model Parliament of Edward I, was the first representative English
Parliament. Its two Houses (as now) consisted of the Lords/Bishops and the
Commons (male commoners).
A Civil War broke out in 1642. The Protestant Parliamentarians under Oliver
Cromwell won the military struggle against the Catholic Royalists. Charles I was
beheaded in 1649; the monarchy was abolished.
Cromwell’s Protectorate was unpopular, and most people wanted the
restoration of the monarchy. The two Houses of Parliament were re-established and
in 1660 they restored Stuart Charles II to the throne.
The Whigs were mainly Cromwellian Protestants and gentry, who did not
accept the Catholic James II as successor to Charles II and wanted religious freedom
for all Protestants.
The Tories generally supported royalist beliefs and helped Charles II to secure
James’s right to succeed him.
Key Tories allied with Whigs and invited William of Orange to England to settle
the situation since they were already upset by the Catholic and pro-French monarch.
William arrived in England in 1688 and succeeded to the throne as England’s
first constitutional monarch (William III). The Glorious Revolution (1688 – 1689)
permanently established Parliament as the ruling power of England – and, later, the
United Kingdom – representing a shift from an absolute monarchy to a constitutional
monarchy.
Walpole became Chief Minister in 1721 and has been called Britain’s first Prime
Minister.
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1.2. The US
1.2.1. Historical Origins
The first US constitution, the Articles of Confederation (1781-8), established a
loose league of independent states under a very weak central government.
The new constitution drafted in Philadelphia in 1787, in which ten
amendments were added (later called the Bill of Rights), and returned to the colonial
tradition of a government with three branches: legislative, executive and judicial.
1.2.2. The Place of State Government in American Federalism
Despite having a federal government, state governments play a very important
role according to the US Constitution.
In the past, the State government was distributed a lot of power, specifically,
the state government could:
− deny the federal government the right to expand/reduce territory;
− decide the members of the lower house and the upper house in the Congress;
− change the US constitution if 3/4 states agree;
− self-determination of civil and criminal law of the state;
− manage commercial activities.
However, to avoid conflicts between federal government and state government,
the Constitution also stipulates that state government cannot:
− produce money;
− implement foreign policy;
− use the army;
− make war;
− set their own customs duties.
State government and federal government exercise concurrent powers,
including the following:
− change the law;
− establishment of a court;
− decide on tax policies, borrow debt for social development.
The federal government, with the basic rule that both levels of government
govern the same territory, has been an effective way to govern the country of the
United States. It is because the national government applies these powers to relations
between the states, while each state exercises them only within its borders.

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1.2.3. Local Government
Each state has developed its own system of local authority. Most states are
divided into counties, known as a ‘parish’ in Louisiana and a ‘borough’ in Alaska.
Counties also vary greatly in population but share several general
responsibilities. They serve as administrative units that carry out some state-wide
programs in local areas, such as keeping records and issuing different kinds of licenses.
In addition, counties also receive standards, guideline as well as facility
supplied by the states to carry out the functions that are delegated such as providing
local transportation systems, schools, fire and police protection, water systems and
buildings. Counties also collect the local property taxes to pay for these services.
In urban areas, municipal governments: cities, towns, villages, boroughs or
special districts, will take over most tasks performed by counties. These common
terms have no fix meaning among each state.
These terms are very useful for mapping the population concentrations that
cross the boundaries of state and local governments to demonstrate the need for
special districts. Most states have granted urban units government some form of
home rule, a legal status amounting to limited local autonomy.
The financing of both county and municipal government came from taxes of
real estate and property, or grants from the federal government. But federal and
state grants are usually aimed to alleviate the effects of local poverty or socio-
economic inequality. The remainder of local funding generally came from a variety of
fees and charges. To make ends meet and launch new programs, large cities have
increasingly raised additional revenue through sales and income taxes.
To citizens, the state’s definition of local government is very significant. In
practice, local governments are delegated the job of providing most of the vital
services citizens expect today. And the territory of local governments often overlaps.
Therefore, if citizens do not know what unit of local government take over which
services, it will be impossible to contact or complain about problems of water supply,
refuse removal, school system, and so on.

2. Political Framework
2.1. The UK
Contemporary politics operate on the UK, devolved, and local government
levels.

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 Local government provides local services throughout the UK. The system at
present is languishing, is subjected to centralised control and funding, and no longer
provides the full range of traditional local services.
Devolution is self-government or transfer of some powers from the
Westminster Parliament.
Devolution provides a tier of decentralised government. It allows these
countries (with their Executives and First Ministers) to decide more of their own
affairs. England has no intermediate tier.
Devolution does not mean independence for Scotland, Wales, and Northern
Ireland nor a British federal system.
The Westminster Parliament still has the legal right to abolish the Scottish
Parliament, the Welsh, and Northern Irish Assemblies.

2.2. The US: The Constitutional Framework

The enduring principles in the Constitution are:
− Republicanism;
− Federalism;
− The separation of powers;
− The system of checks and balances.
2.2.1. Federal Government
The Constitution establishes the principle of federalism through the concepts
of reserved and delegated powers in the Tenth Amendment.
American federalism is a political system in which the governing power
(sovereignty) is shared between the national government and the states.
The states delegated some powers to the national government in 1787 but
reserved most powers to themselves.
The powers of both are limited by the rights preserved for the people in the
Constitution and the Bill of Rights.
2.2.2. The Separation of Powers
The separation of powers is shared among the legislative (Congress and
support agencies), executive (the President and executive bureaucracy) and judicial
(the US Supreme Court and other federal courts) branches.
The President, senators and representatives are selected through independent
elections that do not all occur at the same time.
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3. Legislative branch
3.1. The US
3.1.1. Congress
Its main functions are:
− Making laws (mostly dealing with the President’s legislative agenda);
− Forming structures and programmes to implement policy, overseeing the
resulting bureaucracy, raising and allocating government funds;
− Advising the President on foreign affairs and appointments.
3.1.2. Differences between the Chambers
Table 3. Differences between two chambers in US Congress

The House of Representatives The United States Senate

(The lower chamber) (The upper chamber)
435 in total – the number of 100 in total – 2 for each state
representatives of a state depend on its
population size
Elected every 2 years Elected every 6 years
Treaties and presidential appointments
must be approved by the Senate.
The Speaker of the House, the Rules Vice President, a president pro tempore
Committee
3.1.3. Powers and Functions of Congress
The Constitution grants Congress ‘all legislative powers’ in the federal
government.
Only Congress can:
− Make laws;
− Regulate foreign and interstate commerce;
− Raise, finance and regulate military forces and to declare war;
− Create all the federal courts below the Supreme Court;
− Change the number of Supreme Court justices and decide which cases the
federal courts can hear by defining jurisdictions.

3.2. The UK: Parliament

The UK Parliament is housed in the Palace of Westminster in London.
Parliament has legal sovereignty in all matters and can create, abolish or
amend laws and institutions for all or any part(s) of Britain.

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 A Parliament has a maximum duration of five years, except in emergency
situations.
It comprises the non-elected House of Lords, the elected House of Commons
and the monarch.
The House of Lords consists of Lords Temporal and Lords Spiritual. It plays a
crucial role in examining bills, questioning government action and investigating
public policy.
The House of Commons comprises 650 Members of Parliament (MPs). MPs
consider and propose new laws.

4. Executive branch
4.1. The US
4.1.1. The Executive Branch
It is the largest branch of the federal government (some 2.7 million civilians
and 1.4 million active-duty military employees).
The President has control over the 15 departments, 90 independent agencies,
4 branches of the military and numerous government corporations.
The President nominates the highest officials in the executive branch. For
example: the justices in the Supreme Court, the Cabinet, etc. These appointments
must be approved by the Senate.

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4.1.2. The Executive Office of The President

Figure 4.1. The hierarchical system of the Executive Office of the US President

4.1.3. Qualifications for and Powers of the Presidency

The President must be a natural-born citizen, at least thirty-five years old, and
have been a resident of the USA for at least 14 years.
Powers to the presidency:
− As chief administrator, the President is required to see that the laws written by
Congress are carried out, manage the bureaucracy and enforcing existing
policies;
− As chief lawmaker, he can pass or veto a bill introduced by Congress;
− As command in chief, he can command all 5 branches of the US army forces
and declare war with Congress’ approval;

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As foreign-policy leader, he can give foreign aids of up to $50 billion and legally
conduct surveillance in 193 countries in accordance with collective defence
agreements.

4.2. The UK
4.2.1. Prime Minister
The Prime Minister is appointed by the monarch and is usually the leader of
the majority party in the Commons.
Prime Minister’s power: the authority to choose and dismiss ministers; the
leadership of the party in the country; and control over policymaking.
The Prime Minister has become like an all-powerful executive presidency.
4.2.2. Government Departments
Government departments (or ministries) are the chief instruments by which
the government implements its policy.

5. Judicial branch
5.1. The US
Congress has established lesser federal courts in a three-tier system, as well
as courts for tax, customs, patent, and military law.
District courts have original jurisdiction in most federal cases. Only about one-
sixth of the decisions of these courts are appealed to the next tier – the US courts of
appeals.

US
Supreme Court District court
court of appeals

Figure 5.1. The three-tier court system in the US

Most of the US Supreme Court’s work consists of hearing cases from US courts
of appeals or state supreme courts. There are 9 justices in Supreme Court, appointed
by the President and having no term limits.
❖ Judicial Review

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 Today, the fame and influence of the Supreme Court result from its power of
judicial review, the right to decide in cases determining whether congressional,
presidential and states’ acts are in accordance with the Constitution and to declare
them void if it deems, they are not.
The federal courts have the power to review:
− Congressional laws;
− State actions;
− Presidential actions;
− Federal bureaucratic agencies.

5.2. The UK
The judiciary is independent of the legislative and executive branches of
government. The judges of the higher courts determine the law and interpret Acts
of Parliament.

6. The UK monarchy
Royal executive power has disappeared. But the monarch still has formal
constitutional roles and is head of state, head of the executive, judiciary and
legislature, supreme governor of the Church of England and commander-in-chief of
the armed forces.
The monarch is expected to be politically neutral; is supposed to reign but not
rule; and cannot make laws, impose taxes, spend public money or act unilaterally.
At present, the monarchy balances uncomfortably between tradition and
modernising trends.

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7. How a Bill Becomes an Act of Congress
7.1. The US

Figure 7.1. The procedure of passing a bill into a law in the US

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7.2. The UK

Preliminary White or Green Paper

HOUSE OF COMMONS
(formal introduction; debate)

HOUSE OF LORDS
(amendment)

MONARCH
(Royal Assent)

ACT OF PARLIAMENT
(Statute law)

Figure 7.1. The procedure of passing a bill into a law in the UK

8. Political Party
8.1. The UK
Most of the MPs in the House of Commons belong to either the Conservative
or the Labour Party.
The Labour Party has historically been a left-of-centre party with its own right
and left wings. It emphasised social justice, equality of opportunity, economic
planning, and the state ownership of industries and services.
The Conservative Party is a right-of-centre party, which also has right- and
left-wing sections. It emphasised personal, social, and economic freedom, individual
ownership of property and shares, and law and order.
The party which wins the most seats in the House of Commons at a general
election usually forms the new government.

8.2. The US
Political parties are certain interest groups that pursue narrow private
interests rather than the common good.
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 The US has two major parties: Democratic and Republican.
The others are called “third parties”: the Socialist and Libertarian parties, the
Green party.
❖ Differences between the parties:
Table 8.1. The contrast between two major parties in the US – Democratic and Republican

The Democratic party The Republican party

Left-wing – Liberal Right-wing – Conservative

Progress and equality Tradition and limited government

Community and social responsibility Individual rights and the free market

In favour of government management of

Reducing government intervention in
the economy, a public social safety net
many aspects
and unions
❖ Examples of the different policies from the two parties:
Table 8.2. Differences in policies between Hillary Clinton (Democratic) and Donald Trump
(Republican) in 2016 presidential campaign

Hillary Clinton Donald Trump

Tighten the tax code to make sure Relieve tax for middle-class
Economy “millionaires don’t pay lower rates Americans.
than their secretaries”.
Set national goals to have 500m solar Aggressively use coal,
panels installed; generate enough fracking, and oil. Cut
renewable energy to power every funding for the
Environment home in America; cut energy waste in Environmental Protection
homes, schools, and hospitals by a Agency.
third; and reduce American oil
consumption by a third.
Strengthen background checks and Keep and bear arms shall.
Gun control close dangerous loopholes in the
current system.

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 Reform comprehensively to create a Build a wall along the
pathway to citizenship, keep families Mexican border that
Immigration together and enable millions of Mexico will pay for; and
workers to come out of the shadows. deport 11 million
undocumented migrants.

9. The Election
9.1. The US: Presidential Election

Figure 9. A roadmap of the US presidential election

9.2. The UK: Parliament Election

The UK has divided Westminster parliamentary elections to the House of
Commons into 650 constituencies.
Each returns one MP to the House of Commons at a general election.
The candidate who wins the most votes in a constituency is elected MP for that
area. This system is known as the simple majority or the first-past-the-post system.

10. UK International Relations

Britain’s historical position as a colonial, economic, and political power was in
relative decline by the early decades of the twentieth century.

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 Some large colonies had already achieved self-governing status, and the growth
of nationalism in African and Asian nations later persuaded Britain to decolonise
further.
The effects of global economic competition, two World Wars, the emergence of
Cold War politics (dominated by the USA and the former Soviet Union) and domestic
economic and social problems forced Britain to recognise its reduced international
status.
Britain still experiences uncertainties about its potential influence and
appropriate role on the world stage.

10.1. Foreign And Defence Policy

Table 10. Gross Domestic Product Ranking per Nation in 2021 (adapted from World Bank)

Ranking Economy GDP (millions of $)

1 United States 23,315,081
2 China 17,734,063
3 Japan 4,940,878
4 Germany 4,259,935
5 India 3,176,295
6 United Kingdom 3,131,378
Britain’s international position today is that of a medium-sized country.
It is argued that Britain’s foreign policy and self-image do not reflect the reality
of its world position and conflict with domestic matters.
Britain’s foreign and defence policies still reflect its traditional position as a
major trading nation and a global finance centre.
10.1.1. Foreign Policy
Britain’s foreign policy and membership of international organisations is based
on the principle that overseas objectives can be best attained by persuasion and co-
operation with other nations on a regional or global basis.
Britain is concerned to maintain the American military presence in Europe and
NATO.
British people feel the USA is now of relatively less importance to Britain than
Europe is.
Support for the UN and the principles of its charter has been part of British
foreign policy since 1945.

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 Foreign policy objectives include the peaceful resolution of conflict, arms
control, disarmament, peacekeeping operations, and the protection of human rights.
Britain is ready to ignore the UN when it sees its own vital interests challenged.
10.1.2. Defence Policy
Britain’s major defence alliance is with the North Atlantic Treaty
Organization (NATO).
31 states: Albania, Belgium, Bulgaria, Canada, Croatia, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia,
Lithuania, Luxembourg, Montenegro, the Netherlands, North Macedonia, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom, the
United States of America.
All the major British political parties are in favour of retaining the NATO link.
Its defence policy is based on NATO strategies, and it assigns most of its armed
forces and defence budget to the organisation.
In 1998 Britain argued that the EU must have a credible military and security
capability to support its political role.
The British government has progressively cut its defence expenditure by
reducing the number of armed forces personnel, ships, aircraft, and equipment.
The primary objectives of defence policy are to ensure the country’s security
and the NATO commitment and to allow British forces to engage in high-intensity war
as well as in peacekeeping roles.
All the major political parties are multilateralist (keeping nuclear weapons
until they can be abolished on a global basis).
Britain can operate militarily outside the NATO and European area, although
this capacity is becoming increasingly expensive and limited.
10.1.3. Nowadays Role
The UK Science and Technology Framework set out the ambition for the UK to
be internationally recognised as a tech superpower by 2030. Being a tech
superpower requires us to collaborate more deeply with other leading nations to
tackle the urgent global challenges facing our planet through science and tech. The
International Technology Strategy sets out the work being done to build those
partnerships.

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 As part of the strategy, the UK will also work with the Organisation for
Economic Co-operation and Development (OECD) Global Forum on Technology to
engage with the international community on how to better use technology.
https://www.gov.uk/government/news/plans-to-make-uk-an-international-
technology-superpower-launched

10.2. Empire And Commonwealth

By the 19th century, British imperial rule and possessions embraced a quarter
of the world’s population.
The Empire developed into the British Empire and Commonwealth in the late
nineteenth and early twentieth centuries.
In the mid-19th century, the British Empire and Commonwealth became the
British Commonwealth as British governments granted independence to other
colonies.
The British Commonwealth then developed into the Commonwealth of Nations,
as most of the remaining colonies became independent.
The present Commonwealth is a voluntary association of some fifty-six
independent states (including Britain).
The Commonwealth has nearly a third of the world’s population and comprises
peoples of different religions, races and nationalities, who share a history of struggles
for independence from colonialism.
The British monarch is its non-political head and has varying constitutional
roles in the different countries.
The Prime Ministers, or heads of state, in Commonwealth countries meet every
two years under the auspices of the monarch for Commonwealth Conferences in
different parts of the world.
There is a Commonwealth Secretariat in London which coordinates policy for
the Commonwealth.
British attempts to enter Europe since the 1960s have reduced the importance
to Britain of the organisation.
Europe is now more important for British people than the Commonwealth is.
Britain has a declining share of this market, and its economic priorities are now
more with the European Union and other world partners.

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 The Labour government feels that the Commonwealth is a success and is
committed to raising its profile.
It should function as a worldwide political forum which emphasises
accountable government, democratic concerns, anti-corruption reform and civil and
human rights.

10.3. The European Union (EU)

27 members: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden.
10.3.1. Accession
The foundations for a more integrated Europe were established in 1957 when
six countries (West Germany, France, Belgium, the Netherlands, Luxembourg, and
Italy) signed the Treaty of Rome and formed the European Economic Community
(EEC).
Attempts by Britain to join the EEC were vetoed by the French President,
Charles de Gaulle.
Britain, together with Denmark and the Irish Republic, formally joined the EEC
on 1 January 1973.
10.3.2. Exit
Brexit (portmanteau of “British exit”) was the withdrawal of the United
Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020.
Factors included sovereignty, immigration, the economy and anti-
establishment politics, amongst various other influences.
10.3.2.1. Sovereignty
The biggest single reason for wanting to leave the European Union was “the
principle that decisions about the UK should be taken in the UK”.
The sense that EU membership took decision making further away from ‘the
people’ in favour of domination by regulatory bodies – in particular the European
Commission, seen as the supposed key decision-taking body, is said to have been a
strong motivating factor for leave voters wanting to end or reverse the process of EU
influence in the UK.

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10.3.2.2. Immigration
The main reason was that leaving “offered the best chance for the UK to regain
control over immigration and its own borders.”
The irony is that the country that was least affected by the migration crisis is
the one where we have seen the most consequential political backlash.
They look at what they went through in the Great Recession, the fact that it was
coincidental with rising levels of immigration, and they think, well, this is bad for our
economy.

10.4. Irish Republic and Northern Ireland

Northern Ireland is constitutionally a part of the United Kingdom.
Ireland was first controlled by England in the twelfth century.
The situation worsened in the sixteenth century, when Catholic Ireland refused
to accept the Protestant Reformation.
Eventually in 1921–22 Ireland was divided (or partitioned) into two parts as a
result of uprisings, violence and eventual political agreement.
The twenty-six counties of southern Ireland later developed into the Republic
of Ireland (Eire).
The six counties in the north became known as Northern Ireland and remained
constitutionally part of the United Kingdom.
British governments have often launched initiatives to persuade Northern Irish
political parties to discuss the realistic possibilities of power-sharing in Northern
Ireland.
The Good Friday Agreement (GFA), or Belfast Agreement is a pair of
agreements signed on 10 April 1998 that ended most of the violence of the Troubles,
a political conflict in Northern Ireland that had prevailed since the late 1960s.
It was a major development in the Northern Ireland peace process of the 1990s.
It is made up of the Multi-Party Agreement between most of Northern Ireland’s
political parties, and the British–Irish Agreement between the British and Irish
governments. Northern Ireland’s present devolved system of government is based on
the agreement.
The Protestant Unionists want to remain part of the United Kingdom, oppose
union with the Republic of Ireland.

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 Opinion polls in recent years indicate a weariness by a majority of the mainland
British population with both sides in Northern Ireland. They are in favour of Irish
unification.

11. US International Relations

11.1. A Nation Apart? American Attitudes to World Affairs
The United States has a different foreign policy than the other nations as it
combines self-interest with an attempt to uphold common principles. The USA, at the
outset of its history, played a weak and ordinary role compared to other countries.
Today, it overly depends on “hard power” rather than “soft power”.
Another significant factor that shapes US foreign policy is its history of
immigration and settlement. European colonists and later immigrants had
conflicted views regarding their native lands as they had sympathy for the old nation.
As a result, Americans indicated a desire to avoid or foster relationships with their
former motherland, which has resulted in both isolationism and internationalism in
American foreign policy.
Europeans created promotional material on the east coast to develop the idea
of America’s better future. As a result, it grew up faith in American exceptionalism.
This gave rise to the view that America’s foreign policy is motivated by a desire to
promote:
− Democratic values;
− A Republican form of government;
− Economic and political freedom;
− Egalitarian social connections abroad.

19
 Figure 11.1. America’s foreign policy priorities for 2014

Paradoxically, geographic isolation has led to a history of national insecurity,

with Americans attempting to maintain control over the North American quarter of
the world. With Native Americans being the most impacted, this worry has been
exploited to justify territorial expansion through conflict, acquisition, or negotiation.
In the 1990s and early 21st century, American Presidents George W. Bush
supported research and development for a ‘national missile shield’ to protect against
foreign threats. Later 9/11 attacks which killed thousands’ ‘at home’ and wrecked
symbols of the US military and economic power. Terrorism influences people’s
worldviews, their political beliefs, their ideologies, and the way they perceive other
groups. In the immediate aftermath, some commentators reckoned that the tragedy
proved that a missile shield could not make the nation safe.
The US government uses the term “global war on terror” to describe its far-
reaching military response to the 9/11 attacks and its new, sweeping domestic
counterterrorism measures until the designation is officially retired by Obama.

20
 In 2008, Obama was elected as the new president and his way was to restore
its global soft power, diplomacy, and multilateral cooperation in pursuing its global
goals.
❖ References:
American exceptionalism refers to the belief that “the United States differs
qualitatively from other developed nations, because of its unique origins, national
credo, historical evolution, and distinctive political and religious institutions.”
Malone and Khong (2003) describe exceptionalism as “the widely held belief in
the United States that its values and institutions are the best yet devised, the
conviction that the world needs to adapt itself to American ways rather than vice
versa.”

11.2. From Neutrality to Isolationism, 1776–1830

Table 11.1. The contrast between Neutrality and Isolationism in the US

Neutrality – Neutral with trade Isolationism – Neutral with no trade

The nation’s foreign policy calls for not The foreign policy of the country
taking sides in any international restricts both political and economic
argument, controversy, dispute, or war. relations with other nations.
The period of US foreign policy (1776 – 1830) was characterised by tensions
between the US and other countries, with the US attempting to preserve neutrality
in world affairs and avoiding partnerships with big powers. This was motivated by
the fear of becoming a pawn in British or French designs for increased world influence.
Around 1800, the USA was little in politics and economy. Unprepared and
unwilling to be lured into a European battle, the US wanted to protect its interests by
remaining unbiased in Europe’s war. At the same time, trade with the British Empire
and France was a key contributor to economic growth in the United States.
George Washington’s Farewell Address (1796) established the existing strategy
of avoiding political and military alliances while pursuing trade partnerships with
foreign governments. He also counselled the country to remember its individuality
and to act on its own. The Address remained the foundation of American foreign
policy until the end of WWII.
The Alien and Sedition Acts of 1798 were a direct result of American fear of
being a pawn of European powers. This was an early sign of deep insecurities about
the loyalties of immigrants in a nation of immigrants.

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 The Monroe Doctrine was the early foreign-policy statement that had the
most impact on the development of later policy. This was a foreign influence that
America viewed as outside interference in the affairs of Latin America and
transformed American neutrality into isolationism,
The Doctrine can be reduced to three basic principles:
− The first (called non-colonisation): the USA opposed any new colonies in the
Americas;
− The second (non-intervention): the European powers remain uninvolved in the
affairs of New World nations;
− The third principle (non-interference): accepting the presence of the remaining
European colonies in the Americas and keeping aloof from European affairs.
❖ References:
Targets of the act tended to be the editors of Democratic-Republican
newspapers who criticised the Federalist administration of President John Adams –
the second president of the US.
Thomas Jefferson – the third president of the United States was the one to fight
against this act. In writing the Kentucky Resolutions, Jefferson warned that, “unless
arrested at the threshold”, the Alien and Sedition Acts would “necessarily drive these
states into revolution and blood”.

11.3. From Expansionism to Imperialism, 1783 – 1914

Table 11.2. The contrast between Expansionism and Imperialism in the US

Expansionism Imperialism

A policy to increase a country’s size by A policy of extending a country’s power

expanding its territory and influence through diplomacy or
military force
The second period of American foreign policy saw the USA explore internal
affairs such as:
− the settlement of a frontier;
− the struggle over slavery;
− the effort to construct transportation systems to bind the continent together.
These processes were related to territorial expansion and were central to the
conduct of foreign affairs.

22
 Early in the nineteenth century, American foreign policy consisted of war and
treaty negotiations with these native peoples. The USA tripled its territory through
treaty and purchase agreements with Britain, Spain, and France. This led to intense
national pride and a set of idealised character traits. Racist expansionists argued that
the red and brown peoples were inferior and therefore had to be confined, conquered,
or at least dominated.
In the 1840s, the idea of America’s expansion to the Pacific was popularised as
Manifest Destiny.
Oregon fever: the motivation to travel the Oregon Trail was so strong because it
allowed endless possibilities for Americans to escape debt, start businesses, farm
large sums of land, and for Manifest Destiny. Many simply hoped for a chance to start
a new life.
Frederick Jackson Turner argued that the frontier represented the ‘American’
and had been responsible for the Americanising of immigrants. In 1893 historian
Turner declared the frontier closed, ending westward expansion.
At the beginning of the new century, the US foreign policy became territorially
and economically imperialist, using hard power to impose its control on overseas
peoples.
American trade expanded rapidly in Asia and Latin America, leading to the
annexation of Hawaii, Samoa, and Wake Island. To protect its trade in China, the USA
contributed troops to an alliance of European powers and announced the ‘Open Door
Policy’.
In Latin America, the revision of the Monroe Doctrine was announced and
known as the Roosevelt Corollary.
“The US will not interfere with affairs in European Nations or existing colonies
of European Nations. European nations were to not attempt to regain control of newly
independent nations of Latin America.”
In the end, anti-imperialists opposed overseas expansion, claiming it upset the
balance of power between the President and Congress.
❖ References:
Manifest Destiny was the idea that white Americans were divinely ordained to
settle the entire continent of North America. The ideology of Manifest Destiny
inspired a variety of measures designed to remove or destroy the native population.

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 The anti-imperialists opposed the expansion because they believed
imperialism violated the credo of republicanism, especially the need for “consent of
the governed.”

11.4. Isolationism And Internationalism, 1914 – 1945

Table 11.3. The contrast between Isolationism and Internationalism in the US

Isolationism Internationalism

A purposeful refusal to become The thought that the well-being of the US

generally involved with the rest of the is affected by what goes on in the rest of
world the world
The US joined World War I for three main causes including moral, economic,
and political reasons.
The Fourteen Points are a collection of rules for managing post-war
international behaviour based on:
− the ideals of free trade;
− freedom of the seas;
− global disarmament;
− the prohibition of secret alliances.
It also contains a proposal for a League of Nations to establish collective
security, enact self-determination and other values, and protect them using
diplomatic and military approaches. A majority of the points in the League were the
base of the USA’s traditional speech. It can be said that this foreign policy rejected
isolationism in favour of more open diplomacy.
Foreign policymakers designed safeguards for peace that would protect the
USA’s freedom to act unilaterally in world affairs. The League was formed in 1921 but
never became an effective international force without US involvement. So, in the end,
although US President Woodrow Wilson was an enthusiastic proponent of the League,
the United States did not officially join the League of Nations due to opposition from
isolationists in Congress.
In the 1920s, US foreign policy focused on:
− eliminating obstacles to American trade;
− promoting international peace;
− stability to remain free of interference.

24
 However, the USA and Europe failed to agree on a plan to revive European
economies, and in 1930 Congress passed the Smoot-Hawley Tariff, which effectively
closed the US market to most European goods.
In the same year, the USA advocated peace through disarmament and called for
arms reductions, reaffirmed, and extended the Open Door Policy, and initiated the
Kellogg-Briand Pact in 1928. Critics called this pact a ‘paper peace’ due to its reliance
on voluntary compliance.
In the 1930s, limited internationalism gave way to isolationism, leading to
widespread opposition to US involvement. The Lend-Lease Act, a concession created
by President Franklin D. Roosevelt that allowed the Allies to borrow or lease war
supplies in exchange for returning after the war, was enacted. By the end of 1941, the
Lend-Lease policy was extended to include other US allies, including France, China,
and the Soviet Union.
Founded in 1945, The United Nations was created to make the Four Freedoms
realities, which were contained in the American Bill of Rights. It was designed to be
more effective than the League, with members contributing to an international
peacekeeping force and acting against aggressors without approval from all its
members.
At the Yalta Conference in 1945, the World War II meeting of the heads of
government of the United States, the United Kingdom, and the Soviet Union to discuss
the post-war reorganisation of Germany and Europe. At the Yalta Conference, three
World War II allies agreed to split Germany into four zones of occupation after the war.
This Conference also hinted at the Cold War to come which will be discussed later.
❖ References:
League of Nations included the British Empire, France, Italy, and Japan.
The Kellogg-Briand Pact was an agreement to outlaw war signed on August 27,
1928. The treaty was put to the test and failed in 1931 when Japan invaded Manchuria,
China. It became clear that the Kellogg-Briand Pact proved ineffective in preventing
war without enforcement and with undefined legal terms. World War II began just 11
years after its signing.
The Lend-lease Act: Roosevelt’s Lend-Lease plan faced opposition from
isolationists and those who believed it gave him too much power.
American arrogance: origin when the US provided significant military supplies
and other assistance to the Allies during World War II.

25
 Four Freedoms: Freedom of speech; Freedom of worship; Freedom from want;
Freedom from fear.

11.5. The Cold War Era, 1946 – 1992

The Cold War is a political struggle between the Democratic & Communist
nations of the world following World War II:
− USA leads the Democratic nations;
− USSR leads the Communist nations.
Roosevelt and Stalin viewed the Yalta Conference differently, and Truman
ordered the dropping of atomic bombs on Hiroshima and Nagasaki and justified
saving lives. The first phase of the Cold War began shortly after the end of World War
II in 1945. In 1946, Churchill claimed an iron curtain existed between Soviet-
controlled Eastern Europe and Western Europe with its American ally.

Figure 11.2. The reorganisation of Democratic and Communist nations

after the Yalta Conference in 1945

The Cold War Eras included 5 main events.

11.5.1. Containment of Russia
❖ The origin of Trinition Doctrine Policy:
As American policymakers grew to believe that the Soviet Union wanted to
install communist governments all over the world. In 1947, Trinition Doctrine was
a speech to Congress by President Truman, which asked for funds to fight communist
aggression in Turkey and Greece.
❖ The Policy’s effect:

26
 According to the Doctrine, the USA had to follow a policy of containment to
prevent communist expansion anywhere in the world. This deterred the spread of
Soviet ideology through internal subversion and outside pressure, and the USA
responded by actively intervening in internal conflicts and wars. Containment became
the cornerstone of American foreign policy throughout the Cold War, and it protected
and expanded US interests abroad.
11.5.2. Arms Race between The United States and Russia
The US sought to contain Soviet Russia’s military capacity through increased
arms production, militarism and displays of force, and containment of communist
movements outside the Soviet Union.
In 1949, the Soviet Union recognised the immense military value of having
atomic weapons and went on to develop their own atomic bombs.
The containment and arms race strategies of the United States and the Soviet
Union sparked a nuclear arms race that resulted in the dropping of the atomic bombs
on Hiroshima and Nagasaki. The US started making the hydrogen bomb to maintain
its imagined superiority.
11.5.3. Development of the Hydrogen Bomb
The development of the hydrogen bomb is a widely discussed topic due to the
conflicting spheres of influence involved in its production.
The first successful detonation of an American-made hydrogen device occurred
on November 1, 1952 in the Pacific region on the Enewetak Atoll in the Marshall
Islands. The explosion was a visible example of the rising level of public fear and
anxiety towards hydrogen weapons had been. This test marked the beginning of the
Cold War as the American and Soviet governments became focused on the growing
threat of thermonuclear conflict.
The Vietnam War was a traumatic experience for the American people, with
massive anti-war protests and anti-American demonstrations occurring abroad. It
drained funds from President Johnson’s programs to deal with domestic poverty and
inequality and led to the secret bombing of Laos and Cambodia without congressional
approval.
An important turning point in US foreign relations came Nixon’s opening of
talks with China reduced the threat of communism, and US policy shifted to support
human rights in other countries, angering the Soviets.

27
11.5.4. Space Exploration
The Cold War saw a technological competition between the Soviets and the US
to achieve space supremacy, highlighted by Sputnik from Soviet and Explorer I
launched by the United States Army.
11.5.5. Fall of the Berlin Wall
President Reagan pursued peaceful coexistence with the Soviet Union,
extending the Defence Policy of previous Presidents. He accepted a friendly opening
move from Mikhail Gorbachev, leading to disarmament treaties and agreements on
increasing trade and cultural relations.
The Berlin Wall, which divided East and West Germany, was part of the iron
curtain that divided all of Europe between communism and democracy.
In 1989, the Berlin Wall was torn down and the two Germanies were reunited.
In 1992, the Soviet Union split into a loose federation of republics due to
internal ethnic conflicts and economic strains. This is also the end of the Cold War Era
lasted 45 years.
❖ References:
The iron curtain was a metaphor for the extreme political and ideological
division that separated Western Europe from the Soviet Union and its satellite states
in the East.
A descriptive term or symbol used to describe the border between the
communist and democratic countries of Europe.

11.6. The Sole Superpower in the Post-Cold War Era

The post–Cold War era is a period of history that follows the end of the Cold
War, which represents history after the dissolution of the Soviet Union in December
1991. This period witnessed:
Table 11.4. The result of the post-Cold War on former Soviet Republics and the United States

Former Soviet Republics The United States

Became sovereign nations, as well as the Became the world’s sole superpower.
introduction of market economies in
eastern Europe.

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 In the first decade of the twenty-first century, US relations with Europe were
strained due to the Bush administration’s policies, such as preventive war in Iraq and
imprisonment and brutal interrogation of enemy combatants in the war on terror.
Bill Clinton and George W. Bush attempted to increase free trade, but the
interests of unions, developing nations, and environmentalists complicated the
process.
After taking office in 2001, Bush formed a team of foreign-policy officials and
advisors that included moderates, pragmatists, and neo-conservative views, leading
to a new foreign policy realism and withdrawal from international commitments. He
also embarked on a major modernisation and expansion of the country’s military
capabilities.
After the September 11 attacks and the War on Terror, the United States
increased its military spending in order to maintain its position as the world’s sole
leader.
The US dominated the world economy to a greater extent, but China emerged
as a rising superpower, increasing the potential of dispute. In order to tackle this, the
US has deliberately “rebalanced” toward the Asia-Pacific area while simultaneously
stepping out of its commitments to other nations.

11.7. The Foreign-Policy Establishment Debate

11.7.1. New Cold War: the US – China
❖ Reason:
The US appears to believe that China is attempting to replace it as the world’s
most powerful nation by undermining Washington’s influence.
In the national security strategy unveiled last month, the Biden administration
adopted a policy of containing China’s rise, regarding the nation as its biggest
opponent.
China, for its part, is growing ever more fear of Washington, possibly believing
that the US wants to undermine its communist regime.
❖ Noteworthy events:
The chip war, a technological and trade dispute between the US and China for
dominance in the semiconductor market, has reached Brazil. The Americans have
repeatedly signalled to the Lula government that they want to integrate the country
into its production chain. Chips are the heart of today’s industry.

29
 US’s restriction to China such as Banning TikTok:
https://www.tiktok.com/@elviramedia/video/7188186541326372138?_t=8bPTeH
gaKeX&_r=1
11.7.2. The US – Russia
According to Reuters, relations between Russia and the US and the West have
deteriorated since Moscow launched a special military operation in Ukraine in
February 2022.
The United States and its allies have imposed an unprecedented series of
economic, financial, and diplomatic sanctions against Russia.

12. Legal System

12.1. The US
The legal system in the United States is based on the principles of the rule of
law, which means that laws are created and enforced in a fair and consistent manner.
The system is composed of federal and state courts, which interpret and apply laws at
both the national and local levels.
The Constitution serves as the foundation for the legal system, outlining the
powers of the federal government and the rights of citizens. The legal system in the
US is complex and multifaceted, drawing from a variety of sources, including federal
and state constitutions, statutes, common law, administrative law, and case law.

12.2. The UK
Britain does not have a common legal system. However, there are three
separate elements: the legal system of England and Wales; Scotland; and Northern
Ireland.
They are different in procedures and court names. Some laws are applicable
in one of the nations. In short, the Northern Irish legal system is similar to that of
England and Wales. However, Scotland has historically maintained its independent
legal apparatus despite being part of the UK.

13. Court System

13.1. The US
The court system in the United States is a complex and multi-tiered system that
operates at both the federal and state levels. It is designed to ensure that justice is
administered fairly and impartially and to protect the rights of individuals under the
law.

30
 At the federal level, the US court system is divided into three main tiers: the
district courts, the circuit courts, and the Supreme Court.
− The district courts are the lowest level of the federal court system and are
responsible for hearing cases involving federal law, including criminal cases
and civil cases such as lawsuits between parties from different states or
disputes involving federal agencies.
− The circuit courts, also known as the appellate courts, are the next level up and
are responsible for reviewing decisions made by the district courts.
− The Supreme Court is the highest level of the federal court system and has the
final say in interpreting the US Constitution and federal law.
At the state level, each state has its own court system, which is similar in
structure to the federal system. Most state court systems include trial courts,
appellate courts, and a state Supreme Court. The state court system is responsible for
hearing cases that involve state law, including criminal cases and civil cases such as
contract disputes and personal injury lawsuits.
The court system in the United States operates on an adversarial model, which
means that each party in a case presents their own arguments and evidence to
support their position. The judge acts as a neutral arbiter, ensuring that the
proceedings are fair and impartial and applying the law to the facts of the case.
In addition to the federal and state court systems, there are also specialized
courts in the United States, such as bankruptcy courts and tax courts, which have
jurisdiction over specific types of cases.

31
13.2. The UK

Figure 13. The court system in England and Wales

13.2.1. Criminal Court

There are two levels of criminal courts. The lower and busiest is the
magistrates’ court, which deals with summary (less serious) cases and handles over
95 per cent of all criminal matters. The more serious (indictable) criminal offences,
such as murder, are tried by the higher court – the crown court.
13.2.1.1. Magistrates’ Court
Magistrates’ courts serve urban and rural local areas in England and Wales.
Two types of magistrates sit in the courts: Justices of the Peace (JPs) and stipendiary
magistrate.
Everyone accused of a criminal offence (defendant) must usually appear first
before a magistrates’ court. The court can itself try summary offences and some
indictable/summary offences (either-way offences). The legal system magistrates also
decide whether there is a case to answer in indictable offences. If so, they commit the
person for trial at the crown court.

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13.2.1.2. Crown Court
The higher crown courts, such as the Central Criminal Court in London
(popularly known as the Old Bailey), are situated in about ninety cities in England and
Wales and are administered by the Lord Chancellor’s Department in London.
The crown court has jurisdiction over all indictable criminal offences, and
innocence or guilt after a trial is decided by a jury of twelve citizens. After it has
reached its decision on the facts of the case, sentence is passed by the judge who is in
charge of proceedings throughout the trial.
13.2.2. Criminal Appeal Court
Appeals to a higher court can be expensive and difficult and permission must
usually have been granted by a lower court. Appeals may be made against conviction
or sentence and can be brought on grounds of fact and law. If successful, the higher
court may quash the conviction, reduce the sentence or order a new trial. The
prosecution can also appeal against a lenient punishment and a heavier sentence may
be substituted.
The crown courts hear appeals from the magistrates’ courts and both may
appeal on matters of law to a divisional court of the Queen’s Bench Division. Appeals
from the crown court are made to the Criminal Division of the Court of Appeal.
Appeals may then go to the House of Lords as the highest court in England and Wales.
But permission is granted only if a point of law of public importance is involved. Up to
five Law Lords hear the case and their decisions represent the current state of the law.
13.2.3. Civil Court
Civil law proceedings are brought either in the county court (which deals with
90 per cent of civil cases) or in the High Court. Less expensive and complex actions
are dealt with in the county court, rather than the High Court, and most civil disputes
do not reach court at all.
The High Court of Justice has its main centre in London, with branches
throughout England and Wales. It is divided into three divisions which specialise in
specific matters. The Queen’s Bench Division has a wide jurisdiction, including
contract and negligence cases; the Chancery Court Division is concerned with
commercial, financial and succession matters; and the Family Division deals with
domestic issues such as marriage, divorce, property and the custody of children.
13.2.4. Civil Appeal Courts in England and Wales
The High Court hears appeals from magistrates’ courts and county courts. But
the main avenue of appeal is to the Court of Appeal (Civil Division), which deals with
appeals from all lower civil courts on questions of law and fact. It can reverse or

33
amend decisions, or sometimes order a new trial. Appeals from the Court of Appeal
may be made to the House of Lords. The appellant must normally have obtained
permission either from the Court of Appeal or the House of Lords. Appeals are usually
restricted to points of law where an important legal issue is at stake. In Scotland at
present, civil appeals are made first to a sheriff-principal, then to the Court of Session
and finally to the House of Lords in London. The Northern Irish Court of Appeal hears
appeal cases.

14. Sources of Law

14.1. The US
The United States legal system is based on the principles of the rule of law,
which means that laws are created and enforced in a fair and consistent manner. The
sources of US law are varied, and include federal and state constitutions, statutes,
common law, administrative law, and case law.
One of the most important sources of US law is the Constitution is the supreme
law of the land. The US Constitution outlines the powers of the federal government
and the rights of citizens and provides a framework for the country’s legal system.
Federal statutes are another key source of US law and are created by the US
Congress. Statutes are laws passed by the legislative branch that govern a wide range
of activities, from criminal behaviour to taxation and immigration.
In addition to federal statutes, state laws are also an important source of US law.
Each state has its own system of laws and regulations that govern a wide range of
activities within the state. State laws may be similar to federal laws, or they may vary
significantly, depending on the needs and priorities of the state.
Common law is another important source of US law and refers to legal decisions
made by judges in court cases. These decisions become part of the body of law that
governs future cases and are often used as precedent to guide future judicial
decisions.
Administrative law is another source of US law, and refers to the rules and
regulations created by federal and state agencies. These agencies are responsible for
enforcing specific laws and regulations, and their decisions may have the force of law.
Finally, case law is an important source of US law, and refers to the decisions
made by courts in specific cases. These decisions may establish legal precedents that
guide future court decisions and can play an important role in shaping the legal
landscape of the country.

34
14.2. The UK
There are 2 main sources of English/Welsh law: common law and statute law.
14.2.1. Common Law
Common law is the oldest, based on the customs of early settlers and invaders.
After the Norman Conquest, it became a body of rules and principles which was
decided and written down by judges in court cases. These judgements were the law
of the land. The same rules still guide judges in their interpretation of statutes and in
the expansion of the common law.
Common law decisions form precedents from which judges can find the
principles of law to be applied to new cases. Normally, they lie with the House of Lords,
as the supreme court of appeal, to create consistency and continuity.
14.2.2. Statute Law
Statute law was originally made by the monarch. But the Westminster
Parliament gradually became the legislating authority because of its growing power
against the monarch. New laws are created by Acts of Parliament, called Statutes.
Statutes then multiplied in the nineteenth and twentieth centuries because rules were
needed for a changing society.
Much British law today is in statute form and shows the influence of the state
in citizens’ lives. Acts of the Westminster Parliament are applicable to England, Wales
and often the UK as a whole and are supreme over most other forms of law (except
for some EU law).

15. Legal Profession

15.1. The US
Federal and state court proceedings are different in many ways, but both play
an important role in the legal profession in the United States. The legal profession is
made up of lawyers, judges, and other legal professionals who work in a variety of
settings, including law firms, government agencies, and corporations.
In addition, the legal profession in the United States is diverse and includes
many different types of lawyers, such as trial lawyers, corporate lawyers, and public
interest lawyers. Lawyers are responsible for representing clients in legal matters,
including providing legal advice, drafting legal documents, and representing clients in
court proceedings. They are also responsible for upholding ethical standards of
conduct in the practice of law.
Judges are another important part of the legal profession and are responsible
for interpreting and applying the law in court proceedings. Judges are appointed or
35
elected to their positions and are expected to be impartial and unbiased in their
decisions.
Other legal professionals, such as paralegals and legal assistants, also play an
important role in the legal profession by providing support to lawyers and judges in
the preparation of legal documents and the management of court proceedings.
Overall, the legal profession in the United States is an important part of the
country’s legal system and plays a critical role in ensuring that justice is administered
fairly and impartially.
By understanding the differences between federal and state court proceedings,
as well as the roles and responsibilities of legal professionals, individuals can better
navigate the legal system and advocate for their rights and interests within the
framework of the law.

15.2. The UK
There are two types of lawyer in the UK’s legal system: barristers and solicitors.
15.2.1. Solicitor
There are around 90,000 solicitors involved in private practices. But sometimes
they also appear in local and central government, legal centres, and industry.
Most solicitors are under the control of the Law Society. The solicitor’s branch
is usually middle-class profession, but then it started attracting members from a wide
spectrum of the society.
Solicitor’s obligation deals with general legal work (conveyancing, probate,
family matters, criminal and civil litigation, commercial cases, tax and financial
affairs).
In the past, solicitors could only appear in lower court (county court and
magistrates’ court). Any cases involved in higher court would have to be handed to
barristers. However, solicitors can appear in higher courts today.
Requirements for solicitor profession application:
− Hold a university degree, not necessarily in law;
− Pass further professional examinations from Law Society;
− Engage in apprenticeship for around 2 years;
− Complete 6 years of education and training.

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15.2.2. Barristers
There are 10,000 barristers in private practice, who have the right to appear
before any court in England and Wales. They belong to the Bar, which is an ancient
legal institution controlled by the self-regulating Bar Council and four Inns of Court in
London (Gray’s Inn, Lincoln’s Inn, Middle Temple, and the Inner Temple).
Barristers have two functions: to give specialised advice on legal matters and
to act as advocates in the courts. Most of the general public cannot approach a
barrister directly but must be introduced by a solicitor.
Requirements for barrister profession application:
− Hold a university degree;
− Pass professional examinations;
− Be a member of an Inn of Court;
− Be accepted as a barrister (must dine in the Inn for a number of terms);
− Serve for one year under a practising barrister;
− Engage in training of about 5 years.
❖ Promotion road for barrister:
The barrister’s career starts as a junior handling minor briefs (or cases). He or
she may have difficulty in earning a living or in becoming established in the early
years of practice, with the result that many barristers drop out and enter other fields.
Should the barrister persist and build up a successful practice as a junior, he or she
may take silk and become a Queen’s Counsel (QC). A QC is a senior barrister who can
charge higher fees for his or her work, but who is then excluded from appearing in
lesser cases. Appointment as a QC may lead to a future position as a judge, and it is
regarded as a necessary career step for the ambition.

16. Crime and Punishment

16.1. The US
Crime and punishment in the United States is a complex and controversial topic,
as the country has one of the highest rates of incarceration in the world. The US
criminal justice system is designed to punish offenders for their crimes while also
protecting the rights of individuals under the law.
Criminal offences in the United States are classified as either misdemeanours
or felonies, depending on the severity of the crime. Misdemeanours are less serious
offenses, such as traffic violations or disorderly conduct, while felonies are more
serious offenses, such as murder, rape, or drug trafficking.

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 Punishments for criminal offenses in the United States can vary widely
depending on the severity of the crime, the jurisdiction where the crime was
committed, and other factors. Common punishments for criminal offenses include
fines, probation, community service, and imprisonment.
The US criminal justice system also allows for the use of capital punishment, or
the death penalty, in certain cases. The death penalty is a highly controversial issue in
the United States, with proponents arguing that it serves as a deterrent to violent
crime and provides justice for victims and their families, while opponents argue that
it is cruel and inhumane, racially biased, and can lead to the execution of innocent
people.
In addition to the criminal justice system, the United States also has a system
of civil justice, which is designed to resolve disputes between individuals or
organisations. Civil cases can involve a wide range of issues, such as contract disputes,
personal injury claims, or property disputes.
Punishments in civil cases typically involve financial compensation or damages,
rather than imprisonment or other forms of punishment. The goal of civil justice is to
provide a fair and impartial resolution to disputes, while also upholding the rights of
individuals under the law.

16.2. The UK
When it comes to crime and punishment, the UK and the US have different
approaches. The UK has a more rehabilitative approach, focusing on the rehabilitation
of offenders and their reintegration into society. This is reflected in the use of
community service orders, probation, and parole as alternatives to prison.
In the UK, the maximum sentence for most crimes is life imprisonment, but the
average sentence length is much shorter than in the US. In addition, the UK has a
smaller prison population per capita than the US, with a greater emphasis on
community-based alternatives.
In contrast, the US has a more punitive approach to crime and punishment,
with a greater emphasis on incarceration. The US has the highest incarceration rate
in the world, with over 2 million people currently in prison. The use of mandatory
minimum sentences and three-strikes laws has contributed to this high incarceration
rate.
In the US, the death penalty is legal in many states, while it has been abolished
in the UK since 1965. The use of the death penalty is controversial and has been the
subject of much debate in both countries.

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 Overall, while the UK and the US share many similarities in their legal systems,
their approaches to crime and punishment differ significantly. The UK prioritises
rehabilitation and community-based alternatives to incarceration, while the US places
a greater emphasis on punishment and incarceration.

16.3. Special Case Law to Demonstrate How US and UK Difference in Legal

System and Punishment
One example of a case law that demonstrates the difference in legal systems
between the US and the UK is the case of McDonald’s Corporation v Steel & Morris.
In the late 1990s, two activists, David Morris and Helen Steel, distributed
leaflets outside a McDonald’s restaurant in London criticising the fast-food chain’s
business practices. The leaflets accused McDonald’s of contributing to environmental
destruction, exploiting workers, and promoting unhealthy food.
McDonald’s sued Morris and Steel for libel, alleging that the leaflets contained
false and defamatory statements. The case was heard in the UK courts, where Morris
and Steel represented themselves without legal counsel, as they could not afford a
lawyer.
In the UK legal system, the burden of proof in a libel case is on the defendant to
prove that their statements were true or that they had a reasonable belief that they
were true. This places a high hurdle for defendants to clear, as they must demonstrate
that every statement, they made is accurate.
Despite the odds against them, Morris and Steel successfully defended
themselves in court by arguing that their statements were based on factual evidence
and constituted fair comment on matters of public interest. The judge ruled in their
favour, stating that McDonald’s had not been defamed and that Morris and Steel had
a legitimate right to criticise the company’s practices.
In contrast, in the US legal system, the burden of proof in a libel case is on the
plaintiff to prove that the defendant made false and defamatory statements with
actual malice or reckless disregard for the truth. This places a higher burden on the
plaintiff to demonstrate that the defendant knowingly or recklessly made false
statements.
The McDonald’s Corporation vs. Steel & Morris case illustrates the differences
between the US and UK legal systems regarding the burden of proof in libel cases. In
the UK, the burden is on the defendant to prove their statements were true or made
in good faith, while in the US, the burden is on the plaintiff to demonstrate that the
defendant acted with malice or reckless disregard for the truth. This difference can

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significantly impact the outcome of a case and the ability of individuals to exercise
their right to free speech.

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