11. The transformation of the English legal system: pressures and challenges

This examines the transformation of the legal system over the last twenty years. It contemplates the further changes that are now in progress. It examines the political and financial pressures that have led to the need for reform and the challenges that the transformation programme must face, stressing in particular the need to ensure access to justice. It considers briefly the importance of public legal education in helping people understand their legal rights and obligations.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

6. The administrative justice system

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It then discusses the bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.

5. The criminal justice system

This chapter focuses on the criminal justice system. The chapter contains a summary of the different social theories that underpin the system as well as the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. Particular emphasis is placed on how the current system is changing.

4. Shaping the legal system: the role of government

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Business Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.

1. Aims, themes, and structure

This chapter presents the aims, themes, and structure of this book. The book provides an introductory account of the English legal system, how it has developed in recent years, and how it may develop in future. Part II raises fundamental issues about the social functions of law and the legitimacy of law; and considers the institutional framework within which law is made. Part III looks at the different context in which law is developed and practised. Part IV looks at the delivery and funding of legal services. Part V returns to the theme of transformation and the challenges to be faced.

3. Law-making: authority and process

This chapter considers how law is made in the UK, who makes it, and whence they get the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK, and the different types of legislation that it enacts Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key European institutions are discussed.

10. Funding legal services

This chapter focuses on how legal services, in particular litigation, to the less well-off and the poor are paid for. It considers first the changing shape of legal aid and publicly funded legal services. It discusses developments designed to control the costs of litigation. It summarises new ideas that have been developing for the funding of litigation. Finally it asks whether other processes - alternatives to courts - might be better at providing cost effective and proportionate dispute resolution services.

8. The civil and commercial justice system

This chapter discusses the civil and commercial justice system. It covers the purpose of the civil justice system and alternative dispute resolution. It also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the Companies Court, the Admiralty Court, the Commercial Court, the Mercantile Court, the Technology and Construction Court, the Planning Court, the Intellectual Property Enterprise Court, and other courts and offices. It considers possible changes that may follow the transformation project. It also considers routes of appeal and the work of the appeal courts.

7. The family justice system

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.