Czasopismo Prawno-Historyczne, 2010, z. 2
Permanent URI for this collection
Browse
Browsing Czasopismo Prawno-Historyczne, 2010, z. 2 by Subject "Anglia"
Now showing 1 - 2 of 2
Results Per Page
Sort Options
Item Dopuszczalność korzystania z pomocy prawnej przez oskarżonego w angielskim procesie karnym (XIII-XVI wiek).(Wydawnictwo Poznańskie sp. z o.o., 2010) Złamańczuk, PawełThe paper analyses the admissibility of the right to counsel of the accused in the English criminal trial, and focuses on the pre-trial stage and the main criminal proceedings in the 13th and 14th centuries. Although the pre-trial proceedings had not been formalised until the mid 16th century, there are still some data available on which an opinion may be based. The author’s focus of attention is the main criminal proceeding and the admissibility of the right to counsel at that stage, for which the sources of information seem more reliable. As can be deduced, the right to counsel depended on the form in which the criminal proceeding commenced and the weight, or gravity of the crime. In most serious cases the right to counsel was restricted. However, it was probably not until the Tudor period when the rule against defence counsel considerably toughened. This is further evidenced by instances occurring between 1300 and 1500 in which legal aid was extended in cases tried on indictment. An exception were matters initiated by private accusation, so called appeal of felony, and offences of lesser gravity, called misdemeanours. Legal issues that emerged during a criminal trial were also capable of justifying the right to counsel.Item O narodzinach brytyjskiego systemu parlamentarno-gabinetowego.(Wydawnictwo Poznańskie sp. z o.o., 2010) Rakowski, MaciejThe British parliamentary cabinet system took a long time to achieve its final shape. Its beginnings date back to the 17th century and the reign of Charles II, but the cabinet was finally developed and subsequently separated from the sovereign during the reign of George I and George II. However, even then, it was not yet subordinated to Parliament. The beginning of the 19th century saw a speedy evolution of the position of the House of Commons which consequently, after the 1832 reform, dominated the Cabinet and had a decisive power regarding its political existence. And yet, over the next years, the Cabinet became to play a dominant role, which was the result of its being elected by people rather than by the King’s decision or owing to preferences amongst the lords. And so, eventually, the 18th century sovereignty of the King was replaced by the sovereignty of the people.