• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Sources of the English Legal System and the Relationship between Legislation and Judicial precedent.

Extracts from this document...


FC012 T2258212Khanum, F. Introduction. The present legal system of England and Wales has expanded over many centuries and has also changed regularly during this period. Modern difficulties and needs have led to widespread changes in the court system they include the coordination of the legal profession and the process followed by the courts (Ward and Akhtar, 2008). The English law consists of eight sources that include the Interpretation of Statues, Act of Parliament, Judicial precedent, Treaties, Equity, Custom, European law, and Delegated legislation. However, this essay will be discussing three sources of law, they include: Judicial precedent, Statutory Interpretation and Legislation . This essay will also discuss the relationship between the legislation and judicial precedent and the rules of the statutory interpretation. Sources of English Legal System. Firstly, the judicial precedent is also known as case law, common law or judge-made law. The judicial precedent also known as case law originates from the decisions made by judges in the cases before them (Elliott and Quinn, 2011). In making a decision concerning a case, there are two basic steps. The first step is verifying the facts (what happened) and secondly, how the applies to those facts. There are three requirements needed for judicial precedent. ...read more.


There are two contrary views with the way judges determine the meaning of a statute. They include; Literal and Purposive approach (Slapper & Kelly, 2010). The literal approach is dominant in the English legal system. This view of judicial interpretation is concerned about judges looking primarily to the words of the legislation so as to find out its meaning. They are not allowed to look beyond or behind the legislation in search of the meaning of the statute. On the other hand, the purposive approach tends to avoid restrictions of the judges? search for the meaning to a literal arrangement of words of the legislation itself. It suggests judges should be able to look outside the words of the statutes in search of the reason for its enactment and that meaning should be interpreted for the purpose so it can be effective (Slapper& Kelly, 2010). The three rules of interpretation are; Literal, Golden and Mischief rule. Firstly, the literal rule simply means courts giving their apparent, clear and ordinary meaning even if the significance is not meaningful (Huxley-Binns and Martin, 2008). This idea was expressed by Lord Esther in R v Judge of the city of London Court (1892) 1 QB 273.[2] An example of a case that made use of the literal rule is Whiteley v Chappell (1868) ...read more.


The principle of Hansard when interpreting a statute is what a minister has said about a piece of legislation so as to decide what the parliament has planned ( Elliott & Quinn 2011). Conclusion. This report has thoroughly discussed the relationship between the legislation and judicial precedent. It discussed parliamentary supremacy, separation of powers, rules of statutory interpretation and ambiguity of the language. It further discussed the rules of statutory interpretation and the two views which are literal and purposive approach. The rules are literal, golden and mischief rule. Finally, it discussed the aids of interpretation which includes Hansard (document of parliamentary debates). ________________ [1] It was held in the House of Lords. [2] If the words of an act are clear then you must abide by them even though they lead to a manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity. [3] Jervis said ?We must therefore, in this case have recourse to what is called the golden rule of construction, as applied to Acts of Parliament, viz, to give words used by the legislature their plan meaning useless it is seen from the common perspective and the purpose of the statute, injustice, and the result of absurdity.? [4] It was used in the case David v Johnson (1979). [5] It was settled in the House of Lords. [6] Benefit gotten from a job. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Using Cases to illustrate your points critically, decribe the Homocide Act 1957 and include ...

    the term "malice aforethought" has provided uncertainties therefore the House of Lords in R v Cunningham removed the uncertainties and mens rea in murder cases has come to mean an intention to kill or cause Grievous bodily harm (GBH). GBH means "really serious harm".

  2. Human Trafficking In Australia. This essay will be covering different aspect of human ...

    5 women from Thailand to work in her brothel under illegal conditions of slavery and debt bondages. Wei Tang was convicted in 2006 of 5 counts of intentionally possessing a slave on five counts of intentionally exercising a power of ownership over a slave, contrary to 270.3(1)(a)

  1. Describe the role of the House of Commons, The House of Lords and The ...

    the changes made by the committee and also gives another chance to think about further changes before the final stage- the Third Reading. Again the main role of the House of Lords is to thoroughly analyze the bill to make sure there are no problems regarding principles or with the wording.

  2. Free essay

    police powers

    * Being allowed to consult the code of practice. The detained have the right to get legal advice weather it is there own solicitor or they can use the system of duty solicitors which is provided free. The senior officer can delay the right to have legal advice for up to 36 hours.

  1. Alternative dispute resolution (ADR)

    In most ADR processes, the disputants outline the process they will use and define the substance of the agreements. This type of involvement is believed to increase people's satisfaction with the outcomes, as well as their compliance with the agreements reached.

  2. Law - Unit 3 - Mock Exam Question

    He was hit by a car and died. The court of appeal ruled that the 'victims conduct must not be daft' and must be 'proportionate to the threat of harm' however they did understand that 'a victim in the agony of the moment may do the wrong thing'.

  1. provocation essay

    or he wouldn't be back on the job so he may not be able to rely on this. He could be better advised to rely on the defence of provocation.

  2. Critically discuss the Labour Governments record of crime control since coming to power in ...

    First undertaken by the Home Office in 1981, the British Crime Survey (BCS) was created as an alternative source of knowledge to discover the ?dark figure? of crimes which were either not reported to the police or, having been reported, were not officially recorded by the police, thus avoiding the vagaries of crime reporting behaviour and police reporting behaviour.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work