B804 – Jurisprudence and Judicial Authority Bill 2015
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B804 – Jurisprudence and Judicial Authority Bill 2015

U.K.

B804 – Jurisprudence and Judicial Authority Bill 2015

B804 – Jurisprudence and Judicial Authority Bill 2015, TSR UKIP
Jurisprudence and Judicial Authority Bill 2015
An Act to establish a clear level of order among courts in the United Kingdom.BE IT ENACTED by The Queen’s most Excellent Majesty, by and with the advice
and consent of the Commons in this present Parliament assembled, in accordance
with the provisions of the Parliament Acts 1911 and 1949, and by the authority of
the same, as follows:-

1: Outline

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

Article I – Civil Courts

1: Level 4

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

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

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

Article II – Criminal Courts

1: Level 4

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

Article III – Joint Civil and Criminal Courts

1: Level 4

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

2: Level 3

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

3: Level 2

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

4: Level 1

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

5: Definitions

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

6: Commencement, Short Title, and Extent

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

Notes

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

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

To be clear, the Human Rights Act 1998 will remain and the European Convention on human rights will remain enshrined in law, but British courts will have supreme decision making power over cases concerning EU and Human Rights law.

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