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The root of Common Law is based upon the cultural, social and moral values that early English Society had. This means that there is no comprehensive compilation of legal rules and statutes.
While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases.
These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. This is also the underlying reason for Ratio Decidendi being recorder so vigorously in English courts as this allows the Judge to clearly elaborate his reasoning to aid future Judges in their decisions.
In the France and most other European Countries they use a Civil Law system that is generally codified All the laws are written down and do not rely on previous cases. University of California, This limits Judges powers, making them less influential in Civil law system where the Legislature reigns supreme.
There are influential proponents for both Civil Law and Common Law; For Civil Statute Law Aristotle, Hobbes and Bentham had the opinion that in a democratic society it was fair as the legislators who made all the laws were representative of the people The Journal of Legal Studies, The Proponents of Common Law argue that it is more efficient and easily adapted to the changing culture of a country, and that Judges use there power to set precedents that produce efficient results, however they could be biased in their decisions, which is why the British court structure has developed the way it has.
Case Law This section of the report outlines some of the Key cases that have set up Sources of english law essay precedent bulk of Common law in modern times in order to demonstrate how the English legal system can evolve organically as opposed to Civil law systems; and furthermore to truly get to the root source of Common Law.
In summary the antiquated value of English Common law stated Sources of english law essay women who are married, are treated as the chattel property of their Husband, the case was brought to court of a man who forcible had intercourse with his wife after they had separated but neither party had filed for divorce.
Thus the Judge had change the common law through establishing a new precedent, with a Civil Law system this change in the law would have had to go through the legislature first and thus the man may have escaped punishment. He was convicted by the court of 2nd degree murder, due to the precedent that duress was not a permissible defence in cases of murder.
He appealed and after being dismissed by the Court of Appeal, eventually ended up before the Supreme Court House of Lords. The Supreme Court held his appeal and allowed that the defence of duress was permissible to an aider or abettor of murder, thus reversing the decision of lower courts.
In Summary, not only has the Supreme Court the power to Overrule, Distinguish and reverse the decisions of lower courts but member of the House of Lords can directly defy Stare Decisis as set previous supreme court judges.
This power is denied to the Highest French Court, The Court of Cassation, as they are merely permitted to overrule, reverse and distinguish the decisions of lower courts than themselves. Another case that demonstrates the larger amount of power that the English Judiciary holds when compared to the French is Re Sigsworth ; were a son who had committed matricide and was found guilty, but stood to inherit money from his mother by law.
The Judge ruled that the son benefitting from murdering his mother was an absurd result and thus interpreted the law differently to avoid this result. This ruling by the Judge was a use of the literal rule. See Appendix A for a breakdown of the rules of English case law. In conclusion, the English Judiciary is a source of English Law through the way in which Judges are allowed to interpret the common law and statues and set precedents that may alter subtly the way the original intent in common law or the statute was meant.
A bill is a proposal of a new law to be discussed and if all goes well eventually passed. Both houses can initiate a bill; the stages of the legislating process are as follows. This is the where the members of the house debate the bill and any amendments that they feel need to be added Committee Stage: The Public Bill Committee examines a bill in detail and amendments can be made.
All MPs can suggest amendments to the Bill or new clauses parts they think should be added. This Process is then repeated for the other house or the one that did not initiate the bill. In exceptional circumstances however Commons can pass a bill without the agreement of Lords.
The reigning Monarch approves the bill and it is now an Act of Parliament. Parliament is an important source of Legislation in England, if not the most important because it brings structure to parts of the common law system, which are in need of clarification.
This process is called Derogation and has played a vital part in shaping the English Legal system, however due to the Common Law aspect of the English System, Parliamentary Law or Statute law is of less importance than that of its French Counterpart that has and does Legislate for every part of there legal system Acts of Parliament are what is called Primary legislation; there are other types of legislation known as Secondary Legislation, which will be discussed in the next section.
These laws are enforceable only in those areas rather than the Entirety of England. Examples of byelaws are: Ealing Council has issued bye-laws that legislate against people being anti-social, having dogs or leaving litter in public parks Ealing Council, These Bye-laws are important source of law for British society as living in these areas means that you must follow your local bye-laws.
Orders Of Council are orders issued either by the Queen by Royal Prerogative Exclusively on advice of the governmentthese are usually only issued in emergencies; or in the form of a statute issued by a minister of the cabinet, these are an important source of law in normal circumstances as they are used by minister to make key reforms to regulating bodies such as the CIPD.
EU legislation The EU is a Union of European Countries set up by the Treaty of Rome inwhich now has the power to legislate certain laws for all of its member states.
It does this through Regulations, Decision and Directives. Regulations are a good example of how the European Union is a contributor to both French and English law in pretty much equal capacity.Introduction The Sources of English Law are many and varied, however there are four main types, which have different roles and importance in the British Legal system.
According to The Chartered Institute of Legal Executives () ‘The four principal sources of UK law are legislation, common law, European Union law and the European Convention on [ ]. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.
English law can be divided into four main sources. Common or Case Law is the basis of the English legal system and its inception can be traced as far back as during the reign of William the Conqueror. History and Application of Common Law Essay - 1a) Common Law, also widely known as Case Law, derived from the old English common law, is largely based on precedents, where judicial decisions were already previously made in similar cases where it is used as reference bases or sources of law.
We will write a custom essay sample on Sources of Irish Law specifically for you for only $ $/page. Irish being listed as the official language and English listed as a secondary language..
Where a divergence occurs between both texts of the Constitution, the text in the Irish language will urbanagricultureinitiative.com written constitution is a. The Sources of English Law In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judge-made Law) and the European Communities law.
English Law was historically based on customs and social traditions. Introduction The Sources of English Law are many and varied, however there are four main types, which have different roles and importance in the British Legal system.